Allowed¶33

Madhukar Damodar Ugalmugale and Others v. the State of Maharashtra and Another

Bombay HC26 Mar 2025APPLN/4134/2023

Case brief

AI extract

What is this about?

Section 482 CrPC quashing of criminal proceedings (R.C.C. 223/2023; FIR Crime 454/2022, Dhule Taluka PS) under Sections 498-A, 323, 504, 506 read with Section 34 IPC against five relatives of the deceased husband, pursuant to matrimonial-dispute compromise with payment of Rs.10,00,000/- for the welfare of respondent's two children; settlement verified by Registrar (Judicial); Bombay HC Aurangabad Bench, 26-03-2025; 2025:BHC-AUG:9413-DB.

What did the court decide?

Application allowed; proceedings in R.C.C. No. 223 of 2023 (arising out of FIR Crime No.454 of 2022) quashed and set aside as against applicant Nos. 1 to 5. ¶33

Madhukar Damodar Ugalmugale and Others Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; proceedings in R.C.C. No. 223 of 2023 (arising out of FIR Crime No.454 of 2022) quashed and set aside as against applicant Nos. 1 to 5.

¶33

Issue for consideration

Whether the criminal proceedings in R.C.C. No. 223 of 2023 (Chief Judicial Magistrate, Dhule), arising out of FIR Crime No.454 of 2022 for offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC, should be quashed under Section 482 CrPC in view of the compromise between the applicants and respondent No.2.

¶23

Court's answer

Taking into consideration the terms of compromise (settlement verified through the learned Registrar (Judicial)), the Court found this to be a fit case to exercise its powers under Section 482 CrPC for quashing the proceedings.

¶28

Ratio / Principle

The proceedings in R.C.C. No. 223 of 2023 stand quashed and set aside as against applicant Nos. 1 to 5.

¶34

Detailed headnote1 paragraphs

Criminal Application No.4134 of 2023 (Bombay High Court, Aurangabad Bench; coram Smt. Vibha Kankanwadi and Rohit W. Joshi, JJ.; order per Kankanwadi, J.; decided 26 March 2025; neutral citation 2025:BHC-AUG:9413-DB). Application under Section 482 CrPC to quash proceedings in R.C.C. No. 223 of 2023 before the Chief Judicial Magistrate, Dhule, arising out of FIR Crime No.454 of 2022 (Dhule Taluka Police Station, registered 4th August 2022) for offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC, against five relatives (uncle-in-law, brother-in-law, sister-in-law and two nephews) of the deceased husband of respondent No.2, the informant. The dispute arose out of matrimonial discord; the husband died on 13th June 2023. During the pendency of the Application, the parties compromised: to secure the future and interests of respondent No.2's two children, the applicants agreed to pay Rs.10,00,000/-, and respondent No.2 agreed not to pursue the proceedings. The settlement terms, verified through the learned Registrar (Judicial) (report dated 15th January 2025), led the Court to hold this a fit case for exercise of inherent powers under Section 482 CrPC; the Application was allowed and the proceedings were quashed and set aside against applicant Nos. 1 to 5.

¶1

cria-4134.23

¶2

¶3

2025:BHC-AUG:9413-DB

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶5

BENCH AT AURANGABAD

¶6

CRIMINAL APPLICATION NO.4134 OF 2023

¶7

1. Madhukar S/o Damodar Ugalmugale, Age-71 years, Occu:Nil, (Uncle-in-law of R/2),

¶8

1. Deepak S/o Madhukar Ugalmugale, Age-45 years, Occu:Service, (Brother-in-law of R/2),

¶9

Applicant Nos. 1 and 2, R/0-House No.128, Near Shani Temple, Bhagatsing Marg, Taluka and Dist-Dewas 455001 (M.P.),

¶10

1. Sandhya W/o Rajendra Awhad, Age-48 years, Occu:Household, (Sister-in-law of R/2),

¶11

1. Sachin S/o Rajendra Awhad, Age-48 years, Occu:Household, (Nephew of R/2),

¶12

1. Aakash @ Aashu S/o Rajendra Awhad, Age-33 years, Occu:Labour, (Nephew of R/2),

¶13

Applicant Nos. 3 to 5, R/o-SRPF Group No.6, 500 Quarter, Building No.D-01, Room No.07, Saakri Road, District-Dhule-424001

¶14

...APPLICANTS VERSUS

¶15

1. The State of Maharashtra, Through its Officer-in-Charge, Dhule Taluka Police Station, District-Dhule,

¶16

cria-4134.23

¶17

¶18

Vaishali Wd/o. Ajay Ugalmugale @ Vaishali D/o. Subhash Gavate, Age-34 years, Occu:Household, R/o-C/o-Mr. Subhash S/o Pandurang Gavate, Anandkheda, Taluka and District-Dhule 424302. ...RESPONDENTS

¶19

... Mr. Shantanu A. Deshpande Advocate for Applicants. Mr. N.R. Dayama, A.P.P. for Respondent No.1. Mr. Sandip R. Andhale Advocate for Respondent No.2.

¶20

CORAM: SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ.

¶21

DATE : 26^th MARCH, 2025

¶22

ORDER [PER SMT. VIBHA KANKANWADI, J.] :

¶23

Present Application has been filed for quashing the proceedings in R.C.C. No. 223 of 2023 pending before the learned Chief Judicial Magistrate, Dhule arising out of the First Information Report vide Crime No.454 of 2022 registered with Dhule Taluka Police Station, Dhule on 4^th August 2022, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code.

¶24

Heard learned Advocate Mr. Deshpande for the applicants, learned APP Mr. Dayama for respondent No.1 and learned

¶25

cria-4134.23

¶26

¶27

Advocate Mr. Andhale for respondent No.2.

¶28

The matter is arising out of the matrimonial dispute. It appears that husband of respondent No.2 expired on 13^th June 2023. Present applicants are the relatives of husband of respondent No.2. During the pendency of this Application, compromise has been arrived at between the applicants and the informant – respondent No.2. As per the terms of compromise, to secure the future and interests of two children of respondent No.2, the applicants have decided to pay an amount of Rs.10,00000/- and respondent No.2 has decided not to pursue with the proceedings pending before the learned Chief Judicial Magistrate, Dhule. Accordingly, the terms of settlement have been filed and those have been got verified through the learned Registrar (Judicial) of this Court and he has submitted report on 15^th January 2025. Taking into consideration the terms of compromise, we find that this is a fit case where we should exercise our powers under Section 482 of the Code of Criminal Procedure for quashing the proceedings. Hence, the following

order:-

cria-4134.23

O R D E R

(I) The Application stands allowed.

¶34

(II) The proceedings in R.C.C. No. 223 of 2023 pending before the learned Chief Judicial Magistrate, Dhule arising out of the First Information Report vide Crime No.454 of 2022 registered with Dhule Taluka Police Station, Dhule on 4^th August 2022, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, stands quashed and set aside as against applicant Nos. 1 to 5 i.e. - 1) Madhukar S/o Damodar Ugalmugale, 2) Deepak S/o Madhukar Ugalmugale, 3) Sandhya W/o Rajendra Awhad, 4) Sachin S/o Rajendra Awhad and 5) Aakash @ Aashu S/o Rajendra Awhad.

¶35

[ROHIT W. JOSHI] [SMT. VIBHA KANKANWADI] JUDGE JUDGE

¶36

asb/MAR25

Madhukar Damodar Ugalmugale and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Madhukar Damodar Ugalmugale and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mangla Paraskumar Jain Vs the State of Maharashtra and Another

Avinash S/O Raosaheb Mangdare Vs the State of Maharashtra and Another

Sheshrao Sopanrao Dhondgee Vs the State of Maharashtra

Arpita Madan Ghom Vs the State of Maharashtra and Another

Jagdish Sharnappa Kumasgi (Convict NO.312) Vs the State of Maharashtra and Another

Arun Hanumantrao Koralkar Vs the State of Maharashtra and Another