Bombay High Court
Gautam S/O Pankaj Agrawal And Others vs The State Of Maharashtra Through Its Pso ... on 5 February, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1534-DB
914-apl 212-24.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 212 OF 2024
1. Gautam Pankaj Agrawal (Husband), aged
about 38 years, Occup. Business.
2. Pankaj Hariram Agrawal(Father-in-law),
aged about 59 years, Occup. Business.
3. Ashish Pankaj Agrawal, (Brother-in-law)
Aged about 33 years, Occup. Business,
All R/o Plot No.201, Radha Palace, Opp.
Dhantoli Park, Dhantoli,Nagur-440012. Applicants
-Versus-
1. State of Maharashtra, through
P.S.O.Imamwada, Tahsil and District
Nagpur.
2. Muskan Gautam Agrawal, Now Muskan
Kewalchand Goyal, Aged 40 years,
Occup.Nil, R/o Flat No.1303, Tower
No.3, Capitol Heights, Near Medical
Square, Nagpur Police Station
Imamwada, Nagpur Parental House at
C/o Kewalchand Goyal, Near Hanuman
Mandir, Patel Nagar, Bramhapuri,Tah.
Bhramhapuri, Distt.Chandrapur. Non-
applicants
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Mr.M.R.Johrapurkar, counsel for the applicants.
Mr.M.J.Khan, APP for non-applicant No.1.
Ms. Astha Sharma, counsel for non-applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 5th February, 2024
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ORAL JUDGMENT (Per : Vinay Joshi, J.)
Heard.
2. Admit. The application is heard finally with the consent of
the learned counsel for the parties.
3. This is an application seeking to quash the charge-sheet
(RCC No.2010 of 2023) arising out of Crime No. 408 of 2022
registered with Police Station Imamwada, District Nagpur for the
offences punishable under Sections 498-A,406,506 r/w 34 of the
Indian Penal Code on account of mutual settlement.
4. The couple got married on 26.11.2021 and started to
reside together. Soon after the marriage, there was matrimonial
discord hence, the wife started to reside separately within a short
span of 5-6 months. Feeling matrimonial harassment informant has
lodged the report, which caused the police to investigate and file
the charge-sheet. It is informed that yet trial court has not framed
charges. The informant wife had filed a petition for divorce on the
ground of cruelty. During pendency, both realised that due to
temperamental differences there is no purpose in pulling on the
relation. With the aid and intervention of relatives, they decided to
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914-apl 212-24.odt
severe matrimonial ties in permanency. The husband has agreed to
pay total sum of Rs.5,00,000/- towards one time maintenance on
which wife also agreed to withdraw all proceedings.
5. The informant/wife has appeared in proceeding through
the advocate and filed reply stating about settlement and her no
objection for quashing of the proceedings. The wife is present
before us and identified by her advocate. On our query she has
stated about settlement, receipt of agreed sum of Rs.5,00,000/- and
her no objection to quash the proceedings.
6. This was the matrimonial dispute which has been
amicably settled. The couple has no issue from the marriage. Both
decided to put an end to the dispute, and to walk in the life as per
their choice. The offences cannot be termed as heinous or
antisocial. Since, the matter is settled, there is no purpose in
continuing the criminal prosecution. In view of above, criminal
application is allowed. We, hereby, quash and set aside the criminal
prosecution namely RCC No.2010 of 2023 arising out of Crime
No.408 of 2022 registered with Police Station Imamwada, District
Nagpur for the offences punishable under Sections 498-A,406,506
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914-apl 212-24.odt
r/w 34 of the Indian Penal Code.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 08/02/2024 10:27:53 Kavita.
