Bombay High Court
Vaibhav S/O Harihar Punje And 4 Others vs The State Of Mha. Thr. Pso Ps Rajapeth ... on 12 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:538-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1537 OF 2022
1. Vaibhav Harihar Punje, age 26 years,
Occupation Private.
2. Harihar Punjabrao Punje, age 49 years,
Occupation Private.
3. Vaishali Harihar Punje, age 50 years,
Occupation Household
All r/o 507, Sheela Niwas, Lakdipul Bus
Stop, Nagpur.
4. Karishma Pankaj Thakur, age 26 years,
occupation Household, r/o Flat No.103, B-
Wing, Mayur Nagri, Phase 1, Kate Puram
Chowk, Pune.
5 Pritam Pandurng (Chandrakant)
Suryawanshi, A/a 42 years, Occupation
Service, R/o Galli No.4, Near Juna
Kondwada, Amravati. Applicants
-Versus-
1. The State of Maharashtra, through Police
Station Officer Police Station, Rajapeth,
District Amravati.
2. Aishwarya Vaibhav Punje, aged 24 years, Non-
Occupation-Private, R/o Near Kapde's Floor applicants
Mill, Gopal Nagar, Amravati.
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Ms.N.N.Kinhekar, counsel for the applicants.
Mr. M.J.Khan, APP for non-applicant No.1.
Mr. S.Ambade, counsel for non-applicant No.2.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
Kavita.
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DATE : 12th January 2024.
ORAL JUDGMENT (Per : Vinay Joshi J.)
Heard.
2. Admit. Heard finally by consent of the learned counsel
appearing for the rival parties.
3. This is an application seeking to quash the charge-sheet
( R.C.C.No.906 of 2022) arising out of Crime No.136 of 2022 for
the offence punishable under Section 498-A r/w 34 of the Indian
Penal Code with Police Station Rajapeth, District Amravati on
account of mutual consent.
4. The couple got married in the month of January-2021
and thereafter, the informant lady started to reside at her
matrimonial house. Feeling with matrimonial harassment, she has
lodged the report with the police. In turn, the police investigated
the matter and filed the charge-sheet. In the meantime, with the
aid and intervention of the friends and relatives, the parties have
amicably settled the matrimonial dispute. Both husband and wife
were in agreement that due to temperamental differences, they
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cannot live together, therefore, they took conscious decision to
severe matrimonial ties and to lead their future life as per their
choice. In view of the settlement, they have applied to the Family
Court. They have applied to the Family Court vide Petition No.
325 of 2022 for mutual divorce in terms of Section 13(b) of the
Hindu Marriage Act. Accordingly, a decree of divorce has been
passed on 22nd November, 2022. It was agreed that husband
would pay one time alimony of Rs.5,00,000/- and would return
Stridhan Articles.
5. Today, the informant is present before us who has been
identified by her advocate. The informant has agreed about
settlement, dissolution of marriage by divorce, receipt of sum of
Rs.5,00,000/- and entire Stridhan Articles. She has also gave her
no objection to quash the proceedings.
6. It is matrimonial dispute, which has been settled in either
way. The couple is young having no issue from the marriage. They
consciously chose to put an end the matrimonial ties, since it is not
workable. In the situation, continuation of the trial would be
exercised in futility. In the circumstances, we are inclined to invoke
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our inherent powers.
7. The application is allowed. We hereby quash and set aside
Criminal Prosecution bearing R.C.C.No.906 of 2022 pending on
the file of Judicial Magistrate First Class, Amravati arising out of
Crime No.136 of 2022 for the offences punishable under Section
498-A r/w 34 of the Indian Penal Code with Police Station
Rajapeth, District Amravati.
8. Application stands disposed of in above terms.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 16/01/2024 15:05:05 Kavita.
