PRAKASH LOKNATH VERMA v. STATE OF MAHARASHTRA THR POLICE STATION OFFICER POLICE STATION MIDC NAGPUR
APL/723/2025 · 2025-06-27
Shri Anil S Kilor, Vrushali V Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51089 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51089 (BOM) · dailylaw.ai ]
Judgment text
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903.apl.723.2025 JUDG.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL)
NO. 723 OF
2025
APPLICANT : Prakash S/o Loknath Verma, Aged about 40 years, Occupation : Private, R/o Bharatbada Road, Near Subhan Nagar, Netaji Nagar, Bhandewadi, Nagpur – 440008. ..VERSUS.. RESPONDENTS : 1) The State of Maharashtra, Through Police Station Officer, Police Station, MIDC, District Nagpur. (complainant) 2) Shraddha Shyamlal Verma (after marriage Shraddha Prakash Verma), Aged about 30 years, Occ. Household, Resident of C/o Shyamlal Verma, Plot No.23, Vaishali Nagar, Hingna Road, Nagpur – 440016. ------------------------------------------------------------------------------------------------------------------------------------ Mr. A.A. Choube, Advocate for Applicant. Mr. I. J. Damle, A.P.P. for the Non-applicant/State. Mr. Abhishek Shukla, Advocate for Non-applicant No.2. ------------------------------------------------------------------------------------------------------------ CORAM : ANIL S. KILOR
AND
MRS. VRUSHALI V. JOSHI, JJ. DATE : 27/0
6 /2025
ORAL JUDGMENT : (Per : Anil S. Kilor, J.)
1. Heard. 2025:BHC-NAG:6125-DB
903.apl.723.2025 JUDG.odt 2
2. Rule. The Rule is made returnable forthwith. Heard finally by consent of learned counsel for the respective parties. 3. The Chargesheet No.42 of 2022, dated 23.03.2022, arising out of First Information Report No.581 of 2021, dated 25.08.2021, registered with Police Station, M.I.D.C., Nagpur (City), for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code, is under challenge in the present application filed under Section 482 of the Code of Criminal Procedure. 4. At the outset, both the parties make a statement that the mediation conducted on the direction of this Court has succeeded, and the matter has been settled between the parties. The terms of the settlement were reduced in writing. In that view of the matter, the non-applicant No. 2 does not want to prosecute the applicant. 5. In light of the above referred facts and the affidavit filed by the non-applicant No.2, we are of the opinion that, even if the trial is conducted, the whole exercise will be proved as futile exercise. Accordingly, we pass the following order :-
903.apl.723.2025 JUDG.odt 3 i) The Criminal Application is allowed. ii) The Chargesheet No.42 of 2022, dated 23.03.2022 arising out of First Information Report No.581 of 2021, dated 25.08.2021, registered with Police Station, M.I.D.C., Nagpur (City), for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code, 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