Bombay High Court
Atish S/O Shivaji Ghonge And Another vs State Of Mah. Thr. Pso Ps Buldhana ... on 4 March, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:2757-DB
923.apl1626.2022jud.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 1626 OF 2022
1. Sou. Swati W/o Pravin Dahalke
Aged about 33 years, Occ. Service,
2. Shri Pravin S/o Sakharam Dahalke
Aged about 34 years, Occ. Service
Nos.1 & 2, R/o. 101, Shaswat Park
Manjarli, Badlapur (West), Mumbai
3. Shri Shivhari S/o Devchand Shelke
Aged 37 years, Occ. Auto Driver,
R/o. Room No.8, G.B. Road, Near Durga
Mata Temple, Patalipada, Thane (West)
4. Shri Santosh S/o Mamtaji Tekale
Aged about 42 years, Occ. Agriculturist,
5. Sou. Vanita W/o Santosh Tekale
Aged about 42 years, Occ. Agriculturist,
Nos.4 & 5, R/o. Baygaon Khurd, ... Applicants
Tah. Deoulgaon, District - Buldana.
Versus
1. State of Maharashtra,
Through its Police Station Officer,
Police Station Buldana,
District - Buldana.
2. Sou. Pooja W/o Atish Ghonge
Aged about 28 years, Occ. Household,
R/o. Rajput Layout, Dhad Naka, ... Non-applicants
Sangwan Parisar, Buldana,
Tah. & Dist. Buldana.
AND
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923.apl1626.2022jud.odt
CRIMINAL APPLICATION (APL) NO. 1663 OF 2022
1. Shri Atish S/o Shivaji Ghonge
Aged about 30 years, Occ. Private
2. Smt. Sharada Wd/o Shivaji Ghonge
Aged about 49 years,
Occ. Household
... Applicants
Both R/o. 202, Shaswat Park,
Manjarli, Badlapur (West),
Mumbai
Versus
1. State of Maharashtra,
Through its Police Station Officer,
Police Station Buldana,
District - Buldana.
2. Sou. Pooja W/o Atish Ghonge
Aged about 28 years, Occ. Household,
R/o. Rajput Layout, Dhad Naka, ... Non-applicants
Sangwan Parisar, Buldana,
Tah. & Dist. Buldana.
Mr. H. Dhumale, Advocate for applicants.
Mr. S. Bissa, APP for non-applicant No.1.
Ms. Kaikasha A. Shaikh, Advocate for non-applicant No.2.
CORAM : VINAY JOSHI, AND
SMT. VRUSHALI V. JOSHI, JJ.
DATE : 04.03.2024
ORAL JUDGMENT: (PER: Vinay Joshi,J)
Heard finally by consent of both the learned counsel
for the parties.
(2) Admit.
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923.apl1626.2022jud.odt
(3) Both applications are for seeking to quash FIR in
Crime No.823/2022 registered with Police Station Buldana City,
District - Buldana, for the offence punishable under Sections 143, 323,
498-A, 504 and 506 of the Indian Penal Code on account of mutual
settlement. It is informed that yet the charge-sheet has not been filed.
(4) At the instance of report lodged by the informant -
wife, crime has been registered. The couple was married on
26.02.2022 and thereafter, informant started to live with her husband
and other family members. After a few days of marriage, she was
subjected to harassment. The couple started to live separately from
29.08.2022. There is no issue from wedlock. Due to matrimonial
harassment, the report has been filed, on the basis of which, crime has
been registered.
(5) In the meantime, with the intervention of elder
family members, the matter has been settled. The couple is young and
they are of the view that, they cannot live together. Accordingly, they
decided to take divorce by mutual consent and severe matrimonial
ties, in consideration of the husband paying of Rs.10,00,000/- (Rs. Ten
Lakhs Only). In accordance with settlement, the petition for divorce
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923.apl1626.2022jud.odt
bearing Petition No.F-120/2023 has already been filed in the Family
Court incorporating the terms of settlement.
(6) Today, the informant wife is present before us, who
is identified by her Advocate. On our query, the informant stated
about settlement and receipt of partial amount as agreed towards
settlement. The informant has no objection to quash the proceedings
on account of mutual settlement.
(7) The offence is of a domestic nature which cannot be
termed as heinous or antisocial. The informant has also filed an
affidavit in support of her no objection. Taking overall view of the
matter, we deem it fit to invoke our inherent powers.
(8) In view of that, both applications are allowed. We
hereby quash and set aside the FIR in Crime No.823/2022 registered
with Police Station Buldana City, District - Buldana, for the offence
punishable under Sections 143, 323, 498-A, 504 and 506 of the Indian
Penal Code.
[VRUSHALI V. JOSHI, J.] [VINAY JOSHI, J.]
Prity
Signed by: Mrs. Prity Gabhane PAGE 4 OF 4
Designation: PA To Honourable Judge
Date: 06/03/2024 17:43:32
