Bombay High Court
Rajdeep S/O Ganeshdas Usare vs State Of Mah. Thr. P.S.O., Yashodhara ... on 9 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:8843-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.1007/2022
Rajdeep s/o Ganeshdas Usare
Aged about 36 years, Occupation:
Government Servent, R/o Near Gandhi
Vidyalaya, Tilak Nagar, Badnera,
Amravati, District Amravati
....APPLICANT
...VERSUS...
1. State of Maharashtra
Through P.S.O., Yashodhara Nagar,
Nagpur, District- Nagpur
2. Sau. Manisha w/o Rajdeep Usare,
Age - 36 years, Occupation:
Housewife, R/o. 478, Yadavnagar Galli
No.16, Yashodhara Nagar, Nagpur,
District Nagpur
...NON-APPLICANTS
----------------------------------------------------------------------------------
Shri M. Rai, Advocate for applicant
Ms Mayuri Deshmukh, APP for non-applicant No.1/State
Shri D.P. Sahare, Advocate for non-applicant No.2
----------------------------------------------------------------------------------
CORAM : VINAY JOSHI AND
SMT. VRUSHALI V. JOSHI, JJ..
DATED : 09/08/2024
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ORAL JUDGMENT (PER : VINAY JOSHI, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally by
consent of learned Counsel for the respective parties.
3. This is an application seeking to quash the First
Information Report in Crime No.179/2022 registered with Police
Station Yashodhara Nagar, Nagpur for the offences punishable
under Sections 323, 498-A, 504 and 506 of the Indian Penal Code
on account of settlement.
4. The parties got married in the year 2017 and started to
reside together. Due to temperamental differences from month of
October 2021, they got separated. Feeling matrimonial
harassment, informant has lodged the report, on the basis of
which crime has been registered.
5. In the meantime, due to intervention of friends and
relatives, the matrimonial dispute has been resolved. The
informant has started to co-habit with her husband and now both
are residing together. On account of settlement, affidavit has been
filed by non-applicant No.2 stating about settlement. Informant is
present before us, who is identified by her Counsel. She has stated
about the settlement and her no objection to quash the
proceedings.
6. In view of settlement between the couple, continuation of
prosecution amounts to abuse of the process of the Court. As the
couple has been united, quashing would secure the ends of justice.
In the circumstances, by allowing this application, we hereby
quash and set aside the First Information Report in Crime
No.179/2022 registered with Police Station Yashodhara Nagar,
Nagpur for the offences punishable under Sections 323, 498-A, 504
and 506 of the Indian Penal Code.
7. Rule is made absolute in above terms. No costs.
JUDGE JUDGE
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 12/08/2024 19:00:54
