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Bombay High CourtAPL/34/2024allowed

Mohd. Monish Khan And ORS v. The State Of Maharashtra And ANR

2024-02-26Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice N. R. Borkar2 pages

51- APL 34 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 34 OF 2024 Mohd. Monish Khan and Ors.

...

Applicants

Versus

The State of Maharashtra and another ...

Respondents .........

Mr. Ashish Dubey, for the Applicants.

Mr. Anand S. Shalgaonkar, APP for the State.

Mr. Anjaykumar R. Kori, for Respondent No.2 .........

CORAM : PRAKASH D. NAIK & N.R. BORKAR, JJ.

DATED : 26th FEBRUARY 2024 P.C. :- 1.

This is an Application for quashing the First Information Report dated 31st January, 2020 registered with Oshiwara Police Station vide C.R. No. 64 of 2020 for the offences under Sections 498(A), 406, 323, 504, 506 r/w. 34 of IPC.

2.

The First Information Report is registered at the instance of Respondent No.2. Applicant No.1 is the husband and Applicant No.3 is father-in-law of Respondent No.2. The parties have resolved the dispute. There is amicable settlement between them. Respondent No.2 is present in the Court. She has filed Affidavit. In the Affidavit, it is stated that the parties have decided to live together a peaceful life along with Respondent No.2 . In these circumstances, Respondent No.2 wants to withdraw all the allegations and willing to cohabit her married life with V.A.Tikam 1 / 2

51- APL 34 of 2024.odt Applicant No.1. She has no objection for quashing the FIR. 3.

Considering the fact that there is reunion between the Applicant No.1 and Respondent No.2 and parties have settled the disputes amicably, the following order is passed:

Order (i) Criminal Application No. 34 of 2024 is allowed. (ii) First Information Report dated 31st January, 2020 registered with Oshiwara Police Station is quashed and set aside. ( N.R. BORKAR, J. ) ( PRAKASH D. NAIK, J. ) V.A.Tikam 2 / 2