Prakash Loknath Verma Vs State of Maharashtra Thr Police Station Officer Police Station Midc Nagpur — Bombay HC (2025) — LawSathi Research

Prakash Loknath Verma Vs State of Maharashtra Thr Police Station Officer Police Station Midc Nagpur — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing and setting aside of Chargesheet No.42 of 2022 dated 23.03.2022 arising out of FIR No.581 of 2021 dated 25.08.2021 (Police Station M.I.D.C., Nagpur City); Rule made absolute in those terms; no costs ordered.

Issue for consideration

Whether the criminal proceedings embodied in Chargesheet No.42 of 2022 (arising out of FIR No.581 of 2021, Police Station M.I.D.C., Nagpur City, for offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC) should be quashed in view of the settlement reached between the parties in mediation and the complainant's affidavit declining prosecution.

Court's answer

In light of the settlement between the parties and the affidavit filed by non-applicant No.2, this Court held that conducting the trial would prove a futile exercise, and accordingly quashed and set aside the Chargesheet, making the Rule absolute with no costs.

Ratio / Principle

The operative order: Chargesheet No.42 of 2022 dated 23.03.2022 arising out of FIR No.581 of 2021 dated 25.08.2021 registered with Police Station M.I.D.C., Nagpur (City), for offences under Sections 498-A, 323, 504 and 506 read with Section 34 IPC, is hereby quashed and set aside; Rule made absolute; no costs.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Coram: Anil S. Kilor and Mrs. Vrushali V. Joshi, JJ.; oral judgment per Anil S. Kilor, J.) [Neutral citation 2025:BHC-NAG:6125-DB], in Criminal Application (APL) No. 723 of 2025 filed under Section 482 of the Code of Criminal Procedure by the husband (applicant) against his wife (respondent No.2/complainant) and the State, quashes and sets aside Chargesheet No.42 of 2022 dated 23.03.2022 arising out of FIR No.581 of 2021 dated 25.08.2021 registered with Police Station M.I.D.C., Nagpur (City), for offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code (paras 3 and 5). Ground: mediation conducted at the Court's direction succeeded, terms reduced in writing, complainant-wife filed an affidavit and did not want to prosecute; the Court held that any trial would be a futile exercise (paras 4-5). Rule made absolute; no costs. No precedents cited; quantum none.

2025:BHC-NAG:6125-DB

903.apl.723.2025 JUDG.odt

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

CRIMINAL APPLICATION (APL) NO. 723 OF 2025

APPLICANT : Prakash S/o Loknath Verma, Aged about 40 years, Occupation : Private, R/o Bharatbada Road, Near Subhan Nagar, Netaji Nagar, Bhandewadi, Nagpur – 440008. .. VERSUS .. RESPONDENTS : 1) The State of Maharashtra, Through Police Station Officer, Police Station, MIDC, District Nagpur. (complainant) 2) Shraddha Shyamlal Verma (after marriage Shraddha Prakash Verma), Aged about 30 years, Occ. Household, Resident of C/o Shyamlal Verma, Plot No.23, Vaishali Nagar, Hingna Road, Nagpur – 440016.

-----------------------------------------------------------------------------------------------------------------------------------Mr. A.A. Choube, Advocate for Applicant. Mr. I. J. Damle, A.P.P. for the Non-applicant/State. Mr. Abhishek Shukla, Advocate for Non-applicant No.2.

CORAM : ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI, JJ. DATE : 27/06 /2025

ORAL JUDGMENT : (Per : Anil S. Kilor, J.)

1. Heard.

903.apl.723.2025 JUDG.odt

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2. Rule . The Rule is made returnable forthwith. Heard

finally by consent of learned counsel for the respective parties.

3. The Chargesheet No.42 of 2022, dated 23.03.2022, arising out of First Information Report No.581 of 2021, dated 25.08.2021, registered with Police Station, M.I.D.C., Nagpur (City), for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code, is under challenge in the present application filed under Section 482 of the Code of Criminal Procedure.

4. At the outset, both the parties make a statement that the mediation conducted on the direction of this Court has succeeded, and the matter has been settled between the parties. The terms of the settlement were reduced in writing. In that view of the matter, the non-applicant No. 2 does not want to prosecute the applicant.

5. In light of the above referred facts and the affidavit filed by the non-applicant No.2, we are of the opinion that, even if the trial is conducted, the whole exercise will be proved as futile exercise. Accordingly, we pass the following order :-

903.apl.723.2025 JUDG.odt

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i) The Criminal Application is allowed .

ii) The Chargesheet No.42 of 2022, dated 23.03.2022 arising out of First Information Report No.581 of 2021, dated 25.08.2021, registered with Police Station, M.I.D.C., Nagpur (City), for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code, is hereby quashed and set aside. Rule is made absolute in above terms. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)

C.L. Dhakate