Bombay High Court
Bhagyesh S/O Kiran Ghangare (Husband In ... vs The State Of Maharashtra Thr. Ps, ... on 10 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:10294-DB
931- apl-865-24j.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 865 OF 2024
1. Bhagyesh Kiran Ghangare, Aged about 25
years, Occup.Pvt.Job.
2. Kiran Tulshiram Ghangare, Aged about 59
years, Occup.
3. Sau.Vijaya Kiran Ghangare, Aged about 54
years, Occup. Household, All r/o House
No.674, Ward No.1, New Koradi, Koradi
Road,Near Athwadi Bazar, Koradi
(N.V.)Dist. Nagpur.
4. Sachin Ravishankar Samarth Age about 36
years, Occup.Govt. Service R/o C/o.Chaya
Kukde, Plot No.28, Galli No.3 Near Mara
Mandir, New Dhyaneshwar Nagar, Parvati
Nagar, Nagpur.
5. Khushboo Kiran Tulshiram Ghangare @
Sau.Karishma Sachin Samarth Age about
27 years, Occup.Nil R/o C/o Chaya
Kukde, Plot No.28, Galli No.3, Near Mara
Mandir, New Dhyaneshwar Nagar, Parvati
Nagar, Nagpur. Applicants
-Versus-
1. State of Maharashtra, Through P.S.Koradi,
Nagpur Tq. And District Nagpur.
2. Poonam Bhagyesh Ghangare, C/o Adarsh
Nagar, Koradi, Infront of Tayvade College,
Mahadula, Nagpur. Respondents
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Mr. Nishant J.Patil, counsel for the applicants.
Mr. A.B.Badar, A.P.P for non-applicant -State.
Mr. A.S.Band, counsel for non-applicant No.2.
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Kavita.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : 10th SEPTEMBER, 2024
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 Criminal
Prosecution namely, RCC No.585 of 2023 arising out of First
Information Report No.309 of 2022 registered with Police Station
Koradi, Nagpur for the offence punishable under Sections 498-A,323
and 504 of the Indian Penal Code on account of mutual settlement.
4. The facts are such that the couple got married on 10.02.2022
and thereafter the informant resumed to cohabit with her husband and
in-laws. Feeling matrimonial harassment and pursuing monetary
demand, she has lodged the report, on the basis of which crime has
been registered. Investigation is complete and charge-sheet has been
filed. It is informed that yet the charges have not been framed.
5. In the meantime, with the advice of relatives, the matter has
Kavita.
931- apl-865-24j.odt
been amicably settled. The parties have jointly applied to the Family
Court and obtained a decree of divorce on 02.07.2024. Towards the
settlement, husband has paid some of Rs.5,00,000/- towards one time
settlement.
6. Today, the informant lady is present before us, who has filed a
short reply stating about her no objection to quash the proceedings on
account of settlement. The informant is present, who is identified by
her counsel and has reiterated the contents of the reply.
7. It is a matrimonial dispute which is amicably settled. In the
circumstances, continuation of prosecution amounts to abuse of the
process of the Court. In view of that, application is allowed.
8. We, hereby, quash and set aside Criminal Prosecution bearing
RCC No.585 of 2023 arising out of First Information Report No.309
of 2022 registered with Police Station Koradi, Nagpur for the offence
punishable under Sections 498-A,323 and 504 of the Indian Penal
Code.
9. Criminal Application stands disposed of.
(VRUSHALI V. JOSHI, J) (VINAY JOSHI, J)
Signed by: Kavita P Tayade
Designation: PA To Honourable Judge
Date: 13/09/2024 12:14:26 Kavita.
