Bombay High Court
Bagish S/O Bhanudas Shinde ... vs The State Of Maharashtra Thr. Its Pso, ... on 13 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9190-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 857 OF 2024
1. Bagish Bhanudas Shinde, Age 46 years,
Occjup.Medical R/o Maltan, Karjat, Taluka
Karjat, District Ahmednagar, Maharashtra,
2. Bhausaheb Bhanudas Shinde, Age 43
years, Occup. Farming R/o Maltan, Karjat,
Taluka, Karjat, District Ahmednagar,
Maharashtra.
3 Vaishali Bhausaheb Shinde, Age 39 years,
Occup..House Hold R/o Maltan, Karjat,
Taluka Karjat, District Ahmednagar,
Maharashtra.
4 Janabai Bhanudas Shinde, Age 70 years,
Occup.Nil, R/o Maltan, Karjat Taluka,
Karjat.District Ahmednagar, Maharashtra,
5. Shivani Amar Kharat, Age 24 years,
Occjup.Housewife R/o Maltan, Karjat,
Taluka Karjat, District Ahmednagar,
Maharashtra.
6. Bhanudas Lobhaji Shinde, Age 73 years,
Occup.Nil R/o Maltan, Karjat, Taluka,
Karjata, District Ahmednagar,
Applicants.
Maharashtra.
-Versus-
1. State of Maharashtra, Through its Police
Station Officer, Police Station,
Pandharkawada, District Yavatmal,
Maharashtra.
2. Priti Bagish Shinde, Age 34 years,
Occup.Daily Wage R/o C/o Vaibhav
Nagar, Pandharkawada, Taluka, Kelapur. Non-
District Yavatmal, Maharashtra. applicants.
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Mr.S.M.Lodha, Adv. for the applicants.
Mr.Anup Badar, APP for the non-applicant State.
Mr.D.M.Ailani, Adv. for non applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 13th AUGUST, 2024
ORAL JUDGMENT (Per : Vinay Joshi, J.)
(1) Heard.
(2) Admit. The Criminal Application is heard finally with the
consent of the learned counsel for the parties.
(3) This is an application seeking to quash the Criminal
Proceedings bearing RCC No.392 of 2021 arising out of First
Information Report No. 886 of 2021 registered with Police Station
Pandharkawada, for the offence punishable under Section 498-A
r/w 34 of the Indian Penal Code on account of settlement.
(4) The informant got married with applicant no.1 on
07.01.2016 and thereafter, she started to cohabit with the
applicants. The couple have one issue from the marriage. After
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few days from the marriage informant was subjected to harassment
on various grounds. Finally in the year 2020, the informant left the
matrimonial house as the things became unbearable and then
lodged the report. The police have carried out investigation and
filed the charge-sheet. It is informed that yet trial court has not
framed charges.
(5) The informant has filed an application under Section 12 of
the Domestic Violence Act as well as the petition for restitution in
the competent Court of Kelapur, district Yavatmal. With the aid of
intervention of relatives, both have decided to settle the
matrimonial dispute. It was found that their marriage would not
worth and thus consciously, they decided to sever the matrimonial
ties. The husband has agreed to pay sum of Rs.9,50,000/- towards
one time maintenance. In pursuance of settlement, both have
jointly applied to the competent court for decree of divorce by
mutual consent. In the said proceedings, the husband has deposited
the entire sum of Rs.9,50,000/-, which the wife has to withdraw
after disposal of divorce petition. As a part of settlement it was
agreed that wife shall withdraw all proceedings. She has already
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withdrawn the application filed under the D.V.Act and filed an
reply-cum-affidavit in this petition stating about settlement and her
no objection to quash the proceedings. The informant wife is
resident of Pandharkawada having a small child. She has appeared
before us through V.C from a private cafe at Pandharkawada.
However, today audio could not connected. The informant's
learned counsel is present before us, who has stated that he has
affirmed the contents of settlement from the informant in person
and endorsed her no objection. The informant's learned counsel
also admits that some of Rs. 9,50,000/- has been deposited in the
concerned court.
(6) Since, the matrimonial dispute has been settled amicably, the
continuation of the prosecution amounts to abuse of the process of
the court.
(7) In view of above, the application is allowed. We, hereby
quash and set aside Criminal Proceedings bearing RCC No.392 of
2021 arising out of First Information Report No.886 of 2021
registered with Police Station Pandharkawada, for the offence
punishable under Section 498-A r/w 34 of the Indian Penal Code.
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(8) Criminal application stands disposed of.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 20/08/2024 15:05:01 Kavita.
