Bombay High Court
Dhiraj S/O Mahadev Bochare(Husband) ... vs State Of Mah. Thr. Pso, Ps Buldhana City ... on 2 May, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:5354-DB
1 apl1617.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.1617/2023
1. Dhiraj S/o Mahadev Bochare,
age 30 Yrs., Occ. Service.
2. Mahadeo S/o Sukhdev Bochare,
age 65 Yrs., Occ. Agriculturist.
3. Sau. Chaya Mahadev Bochare,
age 60 Yrs., Occ. Household.
Nos.1 to 3 R/o at Post Sehlud,
Tq. Chikhli, Distt. Buldana.
4. Ashish S/o Baliram Nimkarde,
age 40 Yrs., Occ. Service.
5. Sau Megha @ Shilpa Ashish Nimkarde,
age 35 Yrs., Occ. Household.
Nos.4 and 5 R/o Ashthi,
Dist. Amravati. ... Applicants
- Versus -
1. State of Maharashtra,
through P.S.O., P.S. Buldana City,
Distt. Buldana.
2. Sau. Arti Dhiraj Bochare,
age 25 Yrs., Occ. Household,
R/o C/o Sudhakar Rambhau,
Dhande Layout, Buldana,
2 apl1617.2023
Tq. and Distt. Buldana. ... Non-applicants
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Mr. A.J. Thakkar, Counsel for the Applicants.
Mr. A.M. Chutke, A.P.P. for Non-applicant No.1.
Mr. V.D. Ruparelia, Counsel for Non-applicant No.2.
----------------
CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 2.5.2024.
ORAL JUDGMENT (Per Vinay Joshi, J.)
The applicants' learned Counsel seeks leave to amend
the petition as chargesheet has been filed. Leave granted as
prayed for. Amendment be carried out forthwith.
2. Heard. Rule. Rule made returnable forthwith.
Heard finally by consent of learned counsel for the parties.
3. This is an application seeking to quash criminal
prosecution namely R.C.C. No.296/2023 arising out of Crime
No.0536/2023 registered by non-applicant No.1 for the offence
3 apl1617.2023
punishable under Sections 498-A, 323, 504 and 506 read with
Section 34 of Indian Penal Code on account of settlement.
4. The informant got married with applicant No.1
on 5.7.2022 and resumed cohabitation. Facing matrimonial
cruelty she has lodged the report on the basis of which crime is
registered and chargesheet is filed.
5. In the meantime the matter is settled between the
parties. They have decided to take divorce by mutual consent and
to put up an end to the criminal prosecution. The informant has
filed reply-cum-affidavit stating about settlement and her no
objection to quash the proceedings.
6. The informant has appeared and identified before us
by learned Counsel appearing on her behalf. She has stated about
settlement and her no objection to quash the proceedings. In
pursuance of settlement both husband and wife have jointly
4 apl1617.2023
applied to the Family Court, Buldhana for divorce by mutual
consent. Copy of divorce petition is produced on record. The
husband has agreed to pay total sum of Rs.4,25,000/- towards one
time maintenance, Rs.1,00,000/- has already been paid and the
rest is agreed to be paid at the time of divorce. Since the matter is
settled there is no purpose in continuation of trial.
7. In view of the above, application is allowed.
We hereby quash and set aside the criminal
prosecution namely R.C.C. No.296/2023 arising out of Crime
No.0536/2023 registered by non-applicant No.1 for the offence
punishable under Sections 498-A, 323, 504 and 506 read with
Section 34 of Indian Penal Code.
(MRS.VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Tambaskar.
Signed by: MR. N.V. TAMBASKAR
Designation: PA To Honourable Judge
Date: 07/05/2024 10:45:05
