1 apl1044.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.1044 OF 2026 1. Shri Rajesh S/o Govindrao Mankar (Husband), Aged 45 years, Occ: Private, 2. Smt. Maya W/o Govindrao Mankar (mother-in-law), Age 74 years, Occ: Housewife 3. Smt. Sunita D/o Govindrao Mankar (sister-in-law) Aged about 54 years, Occ: Housewife, All 1,2 & 3 are resident of Plot No.86, Hudkeshwar Road, Opposite Nasare Mangal Karyalaya, Dubey Nagar, Hudkeshwar, Nagpur, Tahsil and District Nagpur – 440034. ...APPLICANTS ...V E R S U S... 1. The State of Maharashtra, through Police Station Officer, Police Station, Hudkeshwar, Tah. & Dist. Nagpur. 2. Smt. Reeta W/o Rajesh Mankar, (Maiden name Reeta baburao Uke) Age 38 years, Occ:Service, Resident of C/o Shri Baburao Bakaram Uke, Village Malkhed, Chandur Railway, District Amravati – 444904. ...NON-APPLICANTS ------------------------------------------------------------------------------------------- Shri B.H. Tekam, Advocate for applicants. Shri A.G. Mate, APP for non-applicant no.1/State. ------------------------------------------------------------------------------------------- CORAM:- M.W. CHANDWANI, J. DATE :- 09.10.2026 ORAL JUDGMENT: 1. Heard. Inspite of service of notice, non-applicant no.2 2026:BHC-NAG:13759 2 apl1044.26.odt chose not to contest the application. The application is taken up for final disposal with the consent of both the parties. 2. Admit. 3. The applicants seek quashing of the First Information Report bearing Crime No.295/2014 registered with Police Station, Hudkeshwar, Nagpur for the offences punishable under Sections 498-A, 506 read with Section 34 of the Indian Penal Code, 1860 and the consequent Charge-sheet filed in Regular Criminal Case No.304224/2014 arising out of the same FIR. 4. The First Information Report indicates that applicant no.1 is the husband of non-applicant no.2/complainant and other applicants are relatives of applicant no.1. The aforesaid crime came to be registered at the instance of the complainant on the allegations that after her marriage with applicant no.1, all the applicants stared harassing her for various reasons as well as demanded of 40,000/- from her. Therefore, she was constrained ₹ to leave her matrimonial home. On the basis of the said statement, the police registered the above-mentioned FIR against the applicants. After completion of investigation, the charge-sheet came to be filed bearing Charge-sheet No.236/2014. 3 apl1044.26.odt 5. Learned counsel for the applicants submits that apart from criminal proceedings, divorce proceedings have been filed between the parties and divorce by mutual consent has been granted by learned 4th Joint Civil Judge Senior Division, Amravati in Hindu Marriage Petition No.257/2019. It is contended that in the said order, the settlement has been recorded by the learned trial Court wherein, non-applicant no.2 has agreed to withdraw the present proceedings. It is further contended that despite of service of notice, she did not appear. 6. Learned APP on behalf of non-applicant no.1/State objected to the application on the ground that prima facie, the allegations are made being out against the applicant and hence, he sought rejection of the application. 7. Heard learned counsel for the applicants as well as the learned APP. I have perused the charge-sheet as well as the decree of divorce granted by learned 4th Joint Civil Judge Senior Division, Amravati in Hindu Marriage Petition No.257/2019. It is palpable from the said decree that the said decree has been passed on account of settlement between the parties. It appears that applicant no.1 agreed to pay the amount towards permanent 4 apl1044.26.odt alimony. The decree also depicts that non-applicant no.2 agreed to withdraw the present criminal proceedings against the applicants. Relevant condition of the settlement is reproduced as under: “bZ) rlsp vtZnkj dz-2 us vtZnkj dz-1 ps fojQ/n gqMds'oj iksyhl Lvs'ku ;sFks vtZnkj dz-1 o vkbZ ek;k xksfoanjko ekudj o cgh.k lqfurk xksfoanjko ekudj ;kaps fojQ/n fnysY;k fjiksVZ ojQu dye 498 & v varxZr uksanfoysY;k xqUg;kojQu 16ps izFke Js.kh U;k;naMkf/kdkjh] ukxiwj ;kaps dMs izyafcr vlysys izdj.k T;kpk dzekad 4228$2014 vtZnkj dz- 2 gh Lor% U;k;ky;kr c;k.k nsoqu fcu'krZ ekxs ?ksbZy-” 8. The decree passed by learned 4th Joint Civil Judge Senior Division, Amravati came to be passed after recording that the matter has been settled. Pursuant to this, the entire amount of permanent alimony has been paid. Learned counsel for the applicant has tendered certified copies of the examination-in-chief and cross-examination of non-applicant no.2 in RCC No.304224/2024 which are taken on record and marked as “X” for identification, wherein non-applicant no.2 has admitted that she has received the entire amount of permanent alimony. 9. Thus, it is apparent that both the parties have already settled their dispute amicably and non-applicant no.2 agreed to 5 apl1044.26.odt withdraw the present criminal prosecution. 10. In view of the above, a case is made out for exercising the inherent powers of this Court under Section 528 of the BNSS to quash the FIR and the consequent proceedings. Hence, the following order is passed: i. The criminal application is allowed. ii. First Information Report bearing Crime No.295/2014 registered with Police Station, Hudkeshwar, Nagpur for the offences punishable under Sections 498-A, 506 read with Section 34 of the Indian Penal Code and the consequent Charge-sheet filed in Regular Criminal Case No.304224/2014 arising out of the same FIR are hereby quashed and set aside. iii. The application stands disposed of. (M.W. CHANDWANI J.) Wagh Signed by: Mr. S.R. Wagh Designation: PA To Honourable Judge Date: 13/10/2026 18:47:29