Punit Vasant Shirsal and Others Vs the State of… — Matrimonial and Divorce | Bombay HC (2025)

Punit Vasant Shirsal and Others Vs the State of… — Matrimonial and Divorce | Bombay HC (2025)

What the court decided

AI extract

Outcome

Quashment and setting aside of the proceedings in Regular Criminal Case No.377/2023 pending before the Judicial Magistrate First Class, Nanded, arising out of Crime No.53/2023 dated 02.02.2023 (offences under Sections 498-A, 323, 504, 506 read with Section 34 IPC), as against Applicant Nos.1 to 4.

Issue for consideration

Whether the proceedings in Regular Criminal Case No.377/2023 pending before the Judicial Magistrate First Class, Nanded, arising out of Crime No.53/2023 dated 02.02.2023, should be quashed under Section 482 CrPC in view of the compromise between respondent No.2 and the applicants and the decree of divorce by mutual consent already granted.

Court's answer

Since the competent Court has affirmed the terms of the settlement arrived at between respondent No.2 and the applicants, there is no hurdle in acceptance of the said settlement.

Ratio / Principle

The proceedings in Regular Criminal Case No.377/2023 pending before the Judicial Magistrate First Class, Nanded, arising out of Crime No.53/2023 dated 02.02.2023, stand quashed and set aside as against all four applicants (Punit Vasant Shirsal, Vasant Kashinath Shirsal, Pushpa Vasant Shirsal and Yamini Vasant Shirsal).

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Kankanwadi, J.; Venegavkar, J.), by order dated 04.09.2025 in Criminal Application No.60 of 2024, allowed an application under Section 482 of the Code of Criminal Procedure, 1973 and quashed the proceedings in Regular Criminal Case No.377/2023 pending before the Judicial Magistrate First Class, Nanded, arising out of FIR Crime No.53/2023 dated 02.02.2023 registered with Rural Police Station, Nanded, for offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, as against the four applicants (husband, his parents and sister). The quashment rested on the compromise arrived at between respondent No.2 (the informant-wife) and the applicants, coupled with the decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 granted in Hindu Marriage Petition No.283/2023 by the Civil Judge Senior Division, Bhusawal (judgment dated 11.12.2023), the terms of which the competent Court had affirmed, leaving no hurdle in acceptance of the settlement.

2025:BHC-AUG:23882-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

29 CRIMINAL APPLICATION NO.60 OF 2024

1 Punit Vasant Shirsal, Age 33 yrs., Occ. Service,

2 Vasant Kashinath Shirsal, Age 65 yrs., Occ. Nil,

3 Pushpa Vasant Shirsal, Age 59 yrs., Occ. Household,

4 Yamini Vasant Shirsal, Age 21 yrs., Occ. Student, Applicant Nos.1 to 4 are r/o Anand Nagar, Neb Colony, Bhusawal, Tq. Bhusawal, Dist. Jalgaon.

… Applicants

… Versus …

1 The State of Maharashtra Through Police Inspector, Rural Police Station, Nanded, Tq. & Dist. Nanded.

2 Priyanka w/o Punit Shirsal, Age 26 yrs., Occ. Education, R/o N.D. 116, 34/1, HUDCO, New Nanded.

… Respondents

Mr. A.S. Gandhi, Advocate h/f Mrs. Megha B. Vaishnav, Advocate for applicants

2

29_Cri.Appln_60_2024

Mr. G.A. Kulkarni, APP for respondent No.1

Mr. S.V. Bhopi, Advocate for respondent No.2

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ. DATE : 04^th SEPTEMBER, 2025

ORDER : (PER : SMT. VIBHA KANKANWADI, J.)

1 Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashment of the proceedings in Regular Criminal Case No.377/2023 pending before learned Judicial Magistrate First Class, Nanded arising out of First Information Report vide Crime No.53/2023 dated 02.02.2023 registered with Rural Police Station, Nanded, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860.

2 Respondent No.2 and applicants are stated to have arrived at compromise. Applicant No.1 is husband and respondent No.2 is informant – wife. They had filed Hindu Marriage Petition No.283/2023 before learned Civil Judge Senior Division, Bhusawal, Tq. Bhusawal, Dist. Jalgaon for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. Copies of petition as well as Judgment which was pronounced on

3

29_Cri.Appln_60_2024

11.12.2023, have been produced. By the said Judgment and Decree the decree for divorce has been granted. In the petition it is stated that present respondent No.2 would give no objection for withdrawal of Regular Criminal Case No.377/2023 (it should have been for giving consent to quashment of proceedings). Now, the competent Court has affirmed the terms and, therefore, there is no hurdle in acceptance of the said settlement. Hence, following order.

ORDER

i) Criminal Application stands allowed.

ii) The proceedings in Regular Criminal Case No.377/2023 pending before learned Judicial Magistrate First Class, Nanded arising out of First Information Report vide Crime No.53/2023 dated 02.02.2023 registered with Rural Police Station, Nanded, for the offence punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Punit Vasant Shirsal , 2) Vasant Kashinath Shirsal , 3) Pushpa Vasant Shirsal and 4) Yamini Vasant Shirsal .

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. )

agd