Allowed

Atish S/O Shivaji Ghonge and Another v. State of Mah. Thr. Pso Ps Buldhana Dist.Buldhana and Another

Bombay HC4 Mar 2024APL/1663/2022

Case brief

AI extract

What is this about?

The Nagpur bench of the Bombay High Court allowed two criminal applications seeking to quash an FIR registered under Sections 143, 323, 498-A, 504, and 506 IPC. The court quashed the proceedings based on mutual settlement and affidavit support from the complainant.

What did the court decide?

Both applications allowed; FIR in Crime No. 823/2022 registered at Police Station Buldana City, District Buldana, quashed and set aside.

Atish S/O Shivaji Ghonge and Another Vs State of Mah… — Matrimonial and Divorce | Bombay HC (2024)

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923.apl1626.2022judcorr.odt

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2024:BHC-NAG:3300-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CRIMINAL APPLICATION (APL) NO. 1626 OF 2022

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Sou. Swati W/o Pravin Dahalke Aged about 33 years, Occ. Service,

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Shri Pravin S/o Sakharam Dahalke Aged about 34 years, Occ. Service Nos.1 & 2, R/o. 101, Shaswat Park Manjarli, Badlapur (West), Mumbai

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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)

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Shri Santosh S/o Mamtaji Tekale Aged about 42 years, Occ. Agriculturist,

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Sou. Vanita W/o Santosh Tekale Aged about 42 years, Occ. Agriculturist, Nos.4 & 5, R/o. Baygaon Khurd, Tah. Deoulgaon, District – Buldana.

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... Applicants

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Versus

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State of Maharashtra, Through its Police Station Officer, Police Station Buldana, District – Buldana.

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Sou. Pooja W/o Atish Ghonge Aged about 28 years, Occ. Household, R/o. Rajput Layout, Dhad Naka, Sangwan Parisar, Buldana, Tah. & Dist. Buldana.

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... Non-applicants

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AND

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Corrected as per Court’s order dated 13.03.2024 PAGE 1 OF 4

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923.apl1626.2022judcorr.odt

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CRIMINAL APPLICATION (APL) NO. 1663 OF 2022

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Shri Atish S/o Shivaji Ghonge Aged about 30 years, Occ. Private

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Smt. Sharada Wd/o Shivaji Ghonge Aged about 49 years, Occ. Household

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Both R/o. 202, Shaswat Park, Manjarli, Badlapur (West), Mumbai

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... Applicants

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Versus

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State of Maharashtra, Through its Police Station Officer, Police Station Buldana, District – Buldana.

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Sou. Pooja W/o Atish Ghonge Aged about 28 years, Occ. Household, R/o. Rajput Layout, Dhad Naka, ... Non-applicants

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Sangwan Parisar, Buldana, Tah. & Dist. Buldana.

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Corrected as per Mr. M.A. Vishnu, Advocate for applicants. Court’s order Mr. S. Bissa, APP for non-applicant No.1. dated 13.03.2024 Ms. Kaikasha A. Shaikh, Advocate for non-applicant No.2.

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CORAM : VINAY JOSHI, AND SMT. VRUSHALI V. JOSHI, JJ. DATE : 04.03.2024

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ORAL JUDGMENT: (PER: Vinay Joshi,J)

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Heard finally by consent of both the learned counsel

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for the parties.

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(2) Admit.

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Corrected as per Court’s order dated 13.03.2024 PAGE 2 OF 4

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923.apl1626.2022judcorr.odt

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(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.

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(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.

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(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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Corrected as per Court’s order dated 13.03.2024 PAGE 3 OF 4

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923.apl1626.2022judcorr.odt

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bearing Petition No.F-120/2023 has already been filed in the Family Court incorporating the terms of settlement.

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(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.

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(7) The offence is of a domestic nature which cannot be

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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.

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(8) In view of that, both applications are allowed. We hereby quash and set aside the FIR in Crime No.823/2022 registered

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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.

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[VRUSHALI V. JOSHI, J.]

[VINAY JOSHI, J.]

Prity

PAGE 4 OF 4

Corrected as per Court’s order dated 13.03.2024

Atish S/O Shivaji Ghonge and Another v. State of Mah. Thr. Pso Ps Buldhana Dist.Buldhana and Another

Case brief

What is this about?

What did the court decide?

Atish S/O Shivaji Ghonge and Another v. State of Mah. Thr. Pso Ps Buldhana Dist.Buldhana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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