SWAPNIL S/O SUNIL GIRDHAR AND 4 OTHERS v. THE STATE OF MAH. THR. PSO RANA PRATAP NAGAR PS, TAH. AND DIST. NAGPUR AND ANOTHER.
APL/234/2024 · 2025-07-01
Shri Anil S Kilor, Vrushali V Joshi
body2025
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[ 2025 DAILYLAW 45607 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45607 (BOM) · dailylaw.ai ]
Judgment text
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1.APL.234.2024 JUDG.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL)
NO.234 OF
2024
A PPLICANTS
: 1) Shri. Swapnil S/o Sunil Girdhar, aged about 33 years, Occ: Private, R/o House No.606, Tekdi Road, Sitabuldi, Patwardhan Ground, Nagpur. 2) Sau. Sayali w/o Sunil Girdhar, aged about 53 years, Occ: Housewife, R/o H No.191, Flat No.202, Hariom Vatika Apartment, Bhide Road, Sitabuldi, Patwardhan Ground, Nagpur. 3) Shri. Sunil S/o Laxmikant Girdhar, aged about 61 years, Occ: Retired, H No.191, Flat No.202, Hariom Vatika Apartment, Bhide Road, Sitabuldi, Patwardhan Ground, Nagpur. 4) Sau. Nidhi W/o Bhushan Newaskar, aged about 35 years, R/o Flat No.406, Sahil Calista, Near Dhanraj School, Pothane, waked, Pune. 5) Shri. Bhushan S/o Shirish Newaskar, aged about 37 years, Occ: Private, R/o Flat No.406, Sahil Calista, Near Dhanraj School, Pothane, waked, Pune. ..VERSUS.. NON-APPLICANTS : 1) State of Maharashtra, through Police Station Officer, Rana Pratap Nagar, Police Station, Tah. and District Nagpur. 2025:BHC-NAG:6357-DB
1.APL.234.2024 JUDG.odt 2 2) Sau. Ketki W/o Swapnil Girdhar, aged about 32 years, R/o Plot No.54, Central Excise Colony, Telecom Nagar, Nagpur. ------------------------------------------------------------------------------------------------------------------------------------ Mr. Abhijit Barahate, Adv. h/f Mr. Uday Dable, Adv. for Applicants. Mr A.R. Chutke, A.P.P. for the Non-applicant/State. Mr. Tejas S. Deshpande, Advocate for Non-applicant No.2. ------------------------------------------------------------------------------------------------------------ CORAM : ANIL S. KILOR
AND
MRS. VRUSHALI V. JOSHI, JJ. DATE : 01/07/2025
ORAL JUDGMENT : (Per : Anil S. Kilor, J.)
1. Heard. 2. Rule. The Rule is made returnable forthwith. Heard finally by consent of learned counsel for the respective parties. 3. This is an application filed under Section 482 of the CrPC for quashing and setting aside the First Information Report (FIR) No.580 of 2023, dated 19.12.2023, registered with Police Station, Ranapratap Nagar, Nagpur, for the offences punishable under Sections 498-A, 323, 506 and 509 read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act,
1961. 1.APL.234.2024 JUDG.odt 3
4. The learned counsel for the applicants and the non- applicant No.2 made a joint statement that, the matter has been compromised and settled out of the Court therefore, the non- applicant No.2 does not want to prosecute the applicants. It is informed that the terms of the settlement have been reduced in writing and the only remaining compliance to be made are the payment of Rs.5,00,000/- by the Demand Draft and the return of ornaments. 5.
Thereupon, the learned counsel for the applicants handed over the Demand Draft and ornaments to the non-applicant No.2. On verification of ornaments, she states that, all the compliances are made of the settlement and she does not have any objection for quashing of the FIR in question. 6. It is further informed that today the matter is fixed before the Family Court for passing of decree of dissolution and for passing such decree, the compliance as referred herein-above is the condition. 1.APL.234.2024 JUDG.odt 4
7. As we have observed that the non-applicant No.2 is personally present in the Court and she has been identified by her counsel and she has accepted the Demand Draft of Rs.5,00,000/- and also the ornaments in accordance with the settlement, we pass the following order :- i) The Criminal Application is allowed. ii) The First Information Report (FIR) No.580 of 2023, dated 19.12.2023, registered with Police Station, Ranapratap Nagar, Nagpur, for the offences punishable under Sections 498-A, 323, 506 and 509 read with Section 34 of the Indian Penal Code (IPC) and Section 4 of the Dowry Prohibition Act, 1961, 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