Bombay High Court
Ashok Deorao Fendarkar And Others vs State Of Mah. Thr. Pso, Bori, Tah. And … on 30 June, 2025
Author: Anil S. Kilor
Bench: Anil S. Kilor
2025:BHC-NAG:6082-DB
1 41.apl.406.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 406 OF 2023
1. Ashok Deorao Fendarkar,
Age : 66 Years, Occu.: Retired,
R/o. Plot No.40/1, Narkesri Society
Sadbhavna Nagar, Manewada Ringroad,
Nagpur. Mob. No.9552067053.
2. Rajni Ashok Fendarkar,
Age : 56 years, Occu.: Housewife,
R/o. Plot No.40/1, Narkesri Society
Sadbhavna Nagar, Manewada Ringroad,
Nagpur. Mob. No.9096051781.
3. Darshana Ashok Fendarkar,
Age : 34 years, Occu.: Service,
R/o. C/o. Plot No.40/1, Narkesri Society
Sadbhavna Nagar, Manewada Ringroad,
Nagpur. Mob. No.9096051781.
4. Rajat Bhalchandra Bhadke,
Age : 28 years, Occu.: Private Job,
R/o. Meera House, Lokmanya Nagar,
Hingna, Tah. Hingna, Dist. Nagpur.
Mob.No. 70587674717. ... APPLICANTS
...VERSUS...
1. State of Maharashtra,
Through its P. S. O., Bori,
Tah. & Dist. Nagpur.
2. X. Y. Z.,
Victim in Crime No.137/2022,
P. S. O., Police Station Butibori,
Nagpur.
3. Harshavardhan Ramkrushna Bante,
Age : 38 years, Occu.: Business,
R/o. Sagar, Plot No.100, Suyog Nagar,
Ring Road, Nagpur. Mob. No.9834669293. ...NON-APPLICANTS
(Added as per Court's Order dated 06.03.2025)
2 41.apl.406.23.odt
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Mr. N. B. Bhargat, Advocate for Applicants.
Mr. U. Phasate, A.P.P. for Non-applicant/State.
Ms Khyati N. Majethia, Advocate (Appointed) for Non-applicant Nos.2 & 3.
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CORAM : ANIL S. KILOR AND MRS. VRUSHALI V. JOSHI, JJ.
DATE : 30.06.2025
ORAL JUDGMENT (PER : ANIL S. KILOR, J.):-
1. Heard.
2. ADMIT. The matter is taken up for final disposal by consent
of learned Counsel appearing for the parties.
3. By way of the present application filed under Section 482 of
the Criminal Procedure Code, the applicants are praying for quashing of
the charge-sheet dated 13.05.2022 arising out of First Information Report
vide Crime No. 137/2022 dated 17.03.2022 registered with Police
Station, Bori, District Nagpur for the offences punishable under Sections
354, 504, 506 read with Section 34 of the Indian Penal Code.
4. The learned Counsel for the applicants and the non-applicant
No.2 made a statement that the matter has been amicably settled out of
the Court and the non-applicant No.2 does not want to prosecute the
applicants.
5. The non-applicant No.2 is personally present in the Court and
she has been identified by her Counsel. On interaction, she confirmed
3 41.apl.406.23.odt
the fact of the settlement and stated that she does not want to prosecute
the applicants.
6. In view of the settlement and considering the nature of the
offence, even if the trial is conducted, no fruitful purpose would be
served and in that case, if the trial is conducted it will be proved futile.
In the affidavit filed by the non-applicant No.2 it is also stated that the
non-applicant No.2 is not desirous to prosecute the applicants.
7. In the circumstances, we pass the following order :
i] The application is allowed.
ii] We hereby quash and set aside the charge-sheet dated
13.05.2022 arising out of the First Information Report
vide Crime No. 137/2022 dated 17.03.2022 registered
with Police Station, Bori, District Nagpur for the
offences punishable under Sections 354, 504, 506 read
with Section 34 of the Indian Penal Code.
ii] The fees of the appointed Counsel be paid as per Rules.
8. Pending application(s), if any, stand(s) disposed of
accordingly.
Signed by: Mrs. R.M. MANDADE
(MRS. VRUSHALI V. JOSHI, J.) (ANIL S. KILOR, J.)
Designation: PA To Honourable Judge
RGurnule
Date: 30/06/2025 17:11:57