Bombay High Court
Amit S/O Ravindra Yawalkar vs State Of Maha Thr Pso, Ps Midc Nagpur on 30 July, 2025
Author: Anil L. Pansare
Bench: Anil L. Pansare
2025:BHC-NAG:7445-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION No. 78 OF 2025.
1.Amit s/o Ravindra Yawalkar,
Aged about 35 years, Occupation -
Private;
2.Mrs.Sharayu d/o Laxmanrao Band,
(Known as Mrs.Sharayu Ravindra Yawalkar
prior to her divorce),
Aged about 58 years,
Both resident of Flat No.605,
A Wing, Platinum Green,
Orbital Empire, Jaitala, Nagpur. M.H. ... PETITIONERS.
VERSUS
1.State of Maharashtra,
through Police Station MIDC
Nagpur.
2.Mrs. Manali w/o Amit Yawalkar,
Aged about 32 years, Occupation -
Practicing Lawyer, resident of
Plot no.22, Shrikrishna Apartment,
Abhyankar Nagar, Nagpur.
Also at permanent address :
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2
Dr,Raghuveersingh Daidawad, Nishant
Plot No.71, Near Aata Chakki,
Laxmi Nagar, Wardha. 442001. ... RESPONDENTS.
---------------------------------
Mr. V.Bharadwaj, Advocate for Petitioners.
Ms S.S. Jachak, A.P.P. for Respondent No.1.
Mr. A.S. Sahu, Advcate for Respondent No.2.
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CORAM : ANIL L. PANSARE AND
M. M. NERLIKAR, JJ
DATE : JULY 30, 2025.
ORAL JUDGMENT (Per M.M. Nerlikar, J.) :
Heard. Rule. Rule is made returnable forthwith, and by
consent of learned Counsel for the parties, the matter is taken up for
final disposal.
2. The present petition is filed for quashing of the first
information report No. 966/2024 dated 09.10.2024 registered with
MIDC Police Station, Nagpur for the offence punishable under
Sections 115[2], 3[5], 351[2], 352, 85 of the Bhartiya Nyaya Sanhita
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(BNS) and Sections 3 and 4 of the Dowry Prohibition Act.
3. The allegations in the first information report is that
petitioner no.1 and respondent no.2 both are divorcee. They have
solemnized second marriage on 01.10.2022. The informant /
respondent no.2 has further alleged that at her matrimonial home,
when she was entering into the kitchen to cook the food, petitioner
no.2 pushed her by saying that "you do not know cooking" and she
was driven out of the kitchen. The informant sustained injury on her
hand. On the same day, when she narrated the entire incident to her
husband, i.e. petitioner no.1, he slapped her. It is her further case that
the petitioners ill-treated her, and there was harassment from the end
of both petitioners. It is further alleged that the petitioner no.1
scolded her and asked her to bring money from her home or to sale
her jewelry. It is her further allegation that petitioner no.1 regularly
harassed her, asked her to bring money from her home, and when the
informant refused to bring money, the petitioner no.1 would force her
for anal sex. The informant has also alleged that at many time she was
beaten by the petitioner no.1, and thus, having fed up with this
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beating and scolding, she has approached Bharosa Cell of police
station on 04.07.2024 by filing a complaint. Thereafter the
respondent no.1 registered the first information report on
09.10.2024 for the aforementioned sections.
4. The learned Counsel for petitioners submitted that the
matter was referred for mediation by order dated 13.03.2025, and
there a settlement was arrived between the parties by executing an
agreement on 01.04.2025.
5. Today respondent no.2/wife is personally present before
the Court. She is identified by her counsel. The respondent no.2 has
stated that she has no objection to quash the first information report
on the basis of the settlement arrived. The learned Counsel appearing
for respondent no.2 concedes to this fact and submitted that since
there is no objection from the side of respondent no.2, the first
information report be quashed.
6. We have heard the learned Counsel for the parties and
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also interacted with the respondent no.2. The respondent no.2/ wife
has in clear terms stated that a settlement has been arrived in the
mediation process and she has no objection if the first information
report is quashed. We have also gone through the report of the
Mediator and we appreciate the efforts taken by the Mediator -
Advocate Mrs. S.Deshpande. We have also gone through the
settlement arrived between the parties. In view of the above material,
we deem it appropriate to allow the writ petition, so that the couple
can lead their life happily in future. Hence, the following order.
ORDER
(1) Criminal Writ Petition is allowed.
(2) We hereby quash and set aside the First Information
Report No. 966/2024 dated 09.10.2024 registered with
MIDC Police Station, Nagpur for the offence punishable
under Sections 115[2]. 3[5], 351[2], 352, 85 of the
Bhartiya Nyaya Sanhita (BNS) and Sections 3 and 4 of
the Dowry Prohibition Act.
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(3) Rule is made absolute in aforesaid terms.
(4) Pending Misc. Applications, if any, also stands disposed
of.
JUDGE JUDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 01/08/2025 10:32:54
