24.apl.977.2023.judgment.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.977 OF 2023 1. Ashwinkumar s/o Vasantrao Sonkusre, Aged about : 34 Years, Occupation : Private Job at HDFC, Bank, 2. Shashikala w/o Vasantrao Sonkusre, Aged about : 60 Years, Occupation : Household. 3. Smita w/o Vinod Dekate, Aged about : 36 Years, Occupation: Household, All R/o. Plot No.1098, Anand Nagar, Binaki Layout, Near Said Dham Mandir, Police Station, Yashodhara Nagar, Nagpur. .... APPLICANTS // VERSUS // 1. The State of Maharashtra through Police Station Officer, Police Station, Ajni, Nagpur, Tahsil and District Nagpur. 2. Shruti w/o Ashwinkumar Sonkurse Aged about : 31 Years, Occupation : Household, R/o. Plot No.64, Sanket Nagar, Ajni Nagar. .... NON-APPLICANTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Muzammil Hussain, Counsel for the applicants. Mr. Nikhil Joshi, APP for non-applicant No.1/State. Mr. Usaiduddin E. Quazi, Counsel for the non-applicant No.2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ. DATED : 04/09/2025 ORAL JUDGMENT : (PER : URMILA JOSHI-PHALKE, J.) 2025:BHC-NAG:9448-DB 24.apl.977.2023.judgment.odt (2) 1. Admit. 2. Heard finally with the consent of the learned Counsel of the parties. 3. Present application is preferred for quashing of First Information Report Crime No.456/2022 and the charge sheet in Regular Criminal Case No.68/2023 registered under Section 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, registered at Police Station Ajni, Nagpur, pending before the learned 2nd Additional Chief Judicial Magistrate, Nagpur. 4. The crime was registered on the basis of report lodged by Shruti Ashwin Sonkusre alleging that the applicant No.1 is her husband, applicant No.2 is mother-in-law and applicant No.3 is sister-in-law. As per her contention, her marriage was performed with the applicant No.1 on 18.02.2022. After marriage, she resumed the cohabitation at the house of the applicants, but she was not treated well and she was ill-treated. Even the applicant No.1 has denied to have a physical relationship with her. It also revealed to her that prior to her marriage, the marriage of her husband was performed and this fact was not disclosed to her prior to the marriage. On the basis of the said report, police have registered the crime against the present applicant. During the investigation, the Investigating 24.apl.977.2023.judgment.odt (3) Officer has recorded the statements of the various witnesses and after completion of the investigation submitted charge sheet against the present applicants. 5. During pendency of this application, both parties arrived at a settlement and as per the settlement, they have decided to dissolve the marriage by obtaining the one time settlement amount was the maintenance i.e. of Rs.2,00,000/-. The said settlement is already recorded before the learned Family Court. 6. Learned Counsel for the non-applicant No.2 has also accepted the same and submitted that as per the settlement, the amount is already deposited by the applicants and after quashing of this proceeding, she is entitled to receive the said amount. 7. Learned APP strongly opposed for the same and submitted that as per the allegations, the present applicants subjected her for the ill-treatment, due to which she has to leave the matrimonial house and took shelter at her parents house. The aforesaid allegation levelled against the present applicants attracts the offence punishable under Section 498-A of the Indian Penal Code. 24.apl.977.2023.judgment.odt (4) 8. On going through the allegations, it shows that, the main allegations are against the applicant No.1 husband and other allegations are made against the applicant Nos.2 and 3. All allegations levelled against the applicants appear to be vague in nature and now the matter is already settled between the parties, in view of the settlement, the decree of the dissolution of marriage is already passed. 9. In the result, prayer of quashing of the criminal proceeding is hereby allowed. 10. The Criminal proceeding namely Regular Criminal Case No.68/2023 pending before the learned 2nd Additional Chief Judicial Magistrate, Nagpur, arising out of First Information Report vide Crime No.456/2022, registered with Police Station Ajni, Nagpur, District Nagpur, for the offence punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code, are hereby quashed, as regards to the present applicants only. 11. The parties to pay the costs of this litigation Rs.10,000/-[Rs.Ten Thousand] by the applicants and Rs.10,000/-[Rs. Ten Thousand] by the non-applicant No.2. 12. The cost is to be paid to the Police Welfare Fund, Nagpur. 24.apl.977.2023.judgment.odt (5) The application is disposed of. (NANDESH S. DESHPANDE, J) (URMILA JOSHI-PHALKE, J) Sarkate.