Full Judgment Text
2026:BHC-NAG:1100-DB
113 apl 1238.19.odt..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1238 OF 2019
1. Nitesh Ganesh Madre
Aged about 34 years,
Occupation : Service
2. Ganesh Vitthal Madre
Aged about: 58 years,
Occupation: Service
3. Smt. Sunita Ganesh Madre
Aged about 54 years,
Occ. Household
Nos.1 to 3 R/o. Plot No.49(A),
Rajapethh Hudkeshwar road,
Nagpur
4. Sagar @ Gullu Raghuvir Makrande,
Aged about:-39 years,
Occ. Private,
R/o Bara Singal, Borkar Nagar,
Sweeper Colony, Nagpur
(Ori Accused No.1 to 4) APPLICANTS
// V E R S U S //
1. The State of Maharashtra,
Through Police Station Officer,
Hudkeshwar Police Station
Nagpur
2. Smt. Vijeta Nitesh Madre
(Vijeta Rajendra Kailskar)
Aged about 32 years,
Occ:- not known,
C/o Tulsibai Rajendra Kailaskar,
Near House of Makre, Near
Railway Crossing, Anand Nagar,
Wardha 442001 (ori informant)
NON-APPLICANTS
113 apl 1238.19.odt..odt
2
-------------------------------------------------------------------------------------------
Mr. Rahul Tajne, Advocate for the applicants.
Mr. N.B. Jawade, APP for non-applicant No.1/State.
Mr. A.P. Joshi, Advocate for non-applicant No.2.
-----------------------------------------------------------------------------------------
CORAM : URMILA JOSHI PHALKE, J.
DATED : 19 .01.2026
O R A L J U D G M E N T :
1. Heard.
2. ADMIT. Taken up for final disposal with the consent
of learned counsel for the parties.
3. The present application is preferred by the applicants
under Section 482 of the Code of Criminal Prosecution for
quashing of the First Information Report in connection with crime
No.302/2014 registered at Police Station Hudkeshwar District
Nagpur for the offences punishable under Sections 498-A, 504 and
506 (b), 323 and 34 of the IPC and section 4 and 5 of the Dowry
Prohibition Act and consequent proceeding arising out of same
bearing RCC No.3898/2014 pending before the learned Judicial
Magistrate First Class, Nagpur.
113 apl 1238.19.odt..odt
3
4. Heard learned counsel for the applicants, who
submitted that crime is registered on the basis of the report lodged
by non-applicant No.2 on an allegation that her marriage was
performed on 29.05.2013. After marriage she resumed the
cohabitation but she was not treated well. She was physically and
mentally harassed by the present applicants. He further submitted
that prior to filing of this application matrimonial proceedings
were filed before the family court and the said proceeding were
settled.
5. Admittedly they have obtained decree of divorce and
they have performed marriages respectively after obtaining decree
of divorce. They are residing along with their respective husband
and wife at their places. Now there is no purpose to keep the
application pending in view of settlement recorded before the
competent court. The application be disposed of.
6. Learned counsel for the non-applicant No.2 has also
endorsed the same contention though learned APP strongly
objected the same but considering the settlement is already
recorded before the competent court and now parties have already
settled in their future life. In view of that, no purpose would be
113 apl 1238.19.odt..odt
4
served by keeping the application pending. Hence, the application
deserves to be allowed.
7. In view of that, I proceed to pass following the order:-
ORDER
(i) The Criminal Application is allowed.
(ii) First Information Report in connection with
crime No.302/2014 registered at Police Station Hudkeshwar
District Nagpur for the offences punishable under Sections
498-A, 504 and 506 (b), 323 and 34 of the IPC and section 4
and 5 of the Dowry Prohibition Act and consequent
proceeding arising out of same bearing RCC No.3898/2014
pending before the learned Judicial Magistrate First Class,
Nagpur are hereby quashed and set aside to the extent of
applicant Nos.1 to 4 Nitesh Ganesh Madre, Ganesh Vitthal
Madre, Smt. Sunita Ganesh Madre and Saga @ Gullu
Raghuvir Makrande.
8. Criminal Application stands disposed of in the above
terms.
( URMILA JOSHI PHALKE, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 23/01/2026 10:54:18
113 apl 1238.19.odt..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 1238 OF 2019
1. Nitesh Ganesh Madre
Aged about 34 years,
Occupation : Service
2. Ganesh Vitthal Madre
Aged about: 58 years,
Occupation: Service
3. Smt. Sunita Ganesh Madre
Aged about 54 years,
Occ. Household
Nos.1 to 3 R/o. Plot No.49(A),
Rajapethh Hudkeshwar road,
Nagpur
4. Sagar @ Gullu Raghuvir Makrande,
Aged about:-39 years,
Occ. Private,
R/o Bara Singal, Borkar Nagar,
Sweeper Colony, Nagpur
(Ori Accused No.1 to 4) APPLICANTS
// V E R S U S //
1. The State of Maharashtra,
Through Police Station Officer,
Hudkeshwar Police Station
Nagpur
2. Smt. Vijeta Nitesh Madre
(Vijeta Rajendra Kailskar)
Aged about 32 years,
Occ:- not known,
C/o Tulsibai Rajendra Kailaskar,
Near House of Makre, Near
Railway Crossing, Anand Nagar,
Wardha 442001 (ori informant)
NON-APPLICANTS
113 apl 1238.19.odt..odt
2
-------------------------------------------------------------------------------------------
Mr. Rahul Tajne, Advocate for the applicants.
Mr. N.B. Jawade, APP for non-applicant No.1/State.
Mr. A.P. Joshi, Advocate for non-applicant No.2.
-----------------------------------------------------------------------------------------
CORAM : URMILA JOSHI PHALKE, J.
DATED : 19 .01.2026
O R A L J U D G M E N T :
1. Heard.
2. ADMIT. Taken up for final disposal with the consent
of learned counsel for the parties.
3. The present application is preferred by the applicants
under Section 482 of the Code of Criminal Prosecution for
quashing of the First Information Report in connection with crime
No.302/2014 registered at Police Station Hudkeshwar District
Nagpur for the offences punishable under Sections 498-A, 504 and
506 (b), 323 and 34 of the IPC and section 4 and 5 of the Dowry
Prohibition Act and consequent proceeding arising out of same
bearing RCC No.3898/2014 pending before the learned Judicial
Magistrate First Class, Nagpur.
113 apl 1238.19.odt..odt
3
4. Heard learned counsel for the applicants, who
submitted that crime is registered on the basis of the report lodged
by non-applicant No.2 on an allegation that her marriage was
performed on 29.05.2013. After marriage she resumed the
cohabitation but she was not treated well. She was physically and
mentally harassed by the present applicants. He further submitted
that prior to filing of this application matrimonial proceedings
were filed before the family court and the said proceeding were
settled.
5. Admittedly they have obtained decree of divorce and
they have performed marriages respectively after obtaining decree
of divorce. They are residing along with their respective husband
and wife at their places. Now there is no purpose to keep the
application pending in view of settlement recorded before the
competent court. The application be disposed of.
6. Learned counsel for the non-applicant No.2 has also
endorsed the same contention though learned APP strongly
objected the same but considering the settlement is already
recorded before the competent court and now parties have already
settled in their future life. In view of that, no purpose would be
113 apl 1238.19.odt..odt
4
served by keeping the application pending. Hence, the application
deserves to be allowed.
7. In view of that, I proceed to pass following the order:-
ORDER
(i) The Criminal Application is allowed.
(ii) First Information Report in connection with
crime No.302/2014 registered at Police Station Hudkeshwar
District Nagpur for the offences punishable under Sections
498-A, 504 and 506 (b), 323 and 34 of the IPC and section 4
and 5 of the Dowry Prohibition Act and consequent
proceeding arising out of same bearing RCC No.3898/2014
pending before the learned Judicial Magistrate First Class,
Nagpur are hereby quashed and set aside to the extent of
applicant Nos.1 to 4 Nitesh Ganesh Madre, Ganesh Vitthal
Madre, Smt. Sunita Ganesh Madre and Saga @ Gullu
Raghuvir Makrande.
8. Criminal Application stands disposed of in the above
terms.
( URMILA JOSHI PHALKE, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 23/01/2026 10:54:18