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2025 DAILYLAW 44681 (BOM)

PUSHPALATA SUBHASHCHANDRA MALODE AND OTHER v. STATE OF MAHARASHTRA THE OFFICER INCHARGE, AGNESHPETH POLICE STATION, GANESHPETH NAGPUR AND ANOTHER

APL/17/2025 · 2025-01-09

Shri M W Chandwani, Shri Nitin B Suryawanshi

body2025

Judgment text

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1 10apl17.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO. 17 OF 2025 [Smt. Pushpalata w/o Subhashchandra Malode and others .vs. State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Aayushi Dangre, Adv. with Mr. Akhtar N. Ansari, Adv. for Applicants. Shri Sagar A. Ashirgade, A.P.P. for Non-Applicant No.1/State. Ms. Harsha Joshi, Advocate for Non-Applicant No.2. ………. Coram : Nitin B. Suryawanshi and M.W. Chandwani, JJ. Dated : January 09, 2025. This application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for quashing of First Information Report No.121/2022 and the proceeding of Regular Criminal Case No.200/2024 pending in the Court of Judicial Magistrate, First Class, Court No.1, Nagpur, for offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act. 2. Applicant No.2-Husband and Non-Applicant No.2-wife have amicably settled their matrimonial dispute and in terms of settlement, they have obtained decree of divorce from the Family Court, Nagpur in Hindu Marriage Petition No. F-804/2024, on 12.11.2024. 3. Applicant No.2 and Non-Applicant No.2 are present in the Court and they confirm about the settlement arrived at between them. Affidavit is also filed by Non-Applicant No.2 confirming amicable settlement of the matrimonial dispute and further stating that she has no objection if the First Information Report and proceeding of Regular Criminal Case No.200/2024 is quashed. 2 10apl17.25.odt Parties are identified by their respective advocates. 4. In view of amicable settlement of matrimonial dispute between the parties and affidavit filed by Non-Applicant no.2, application is allowed in terms of prayer (i) of this application. 5. Application stands disposed of accordingly. (M.W. Chandwani, J.) (Nitin B. Suryawanshi, J.) Gulande