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Bombay High CourtAPEAL/715/2000appeal dismissed

Smt. Sunita Jayendra Patil . v. Jayandra Harishchandra Patil And ORS .

2015-12-08Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 715 OF 2000.

1. Smt. Sunita Jayendra Patil ] age: 21 years, adult, ]... Appellant.

residing at: Dhond Pada, Tal. Pen ] Ori. Complainant Dist.Raigad ] V/s.

1. Jayendra Harishchandra Patil ] ]

2. Gopichand Arjun Patil ] ] Respondents

3. Nirmala Gopichand Patil ] respondent ] Nos 1 to 4

4. Jamnabai Gopichand Patil ] Original ] accused.

All are residing at Bhingari gaon, Tal.Panvel ] District: Raigad ] ]

5. State of Maharashtra ] Ms. Rupali M. Shinde, advocate appointed for the appellant Mr. Ganesh Gole, for the Respondent Nos 1 to 4. Mr. H.J. Dedia, APP for the State.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 8th DECEMBER, 2015.

ORAL JUDGMENT: [Per : Dr. Shalini Phansalkar-Joshi, J.] 1.

This appeal is preferred by original complainant, challenging the judgment and order dated 22nd January, 1999, passed by the Judicial Magistrate First Class, Panvel in R.C.C. No.286 of 1999

whereby respondents are acquitted for the offences punishable under Section 498A read with 34 of the Indian Penal Code. 2.

Learned counsel for respondent accused Shri.Gole is present before the Court and submits that the matter between original complainant and respondent-accused is settled amicably out of the Court after the impugned judgment was passed by the trial Court. He also produced on record a copy of the order to that effect, passed in M.A.No.43 of 1998 on 2.1.2003. It appears to be in respect of maintenance under Section 125 of Code of Criminal Procedure. The order passed therein reflects that the applicant and opponents have settled the matter outside the Court. The said fact was verified by that Court. The contents of pursis to that effect filed at Exh.17 were also verified and then application was disposed of . Said copy of the order is taken on record and marked as "X" for identification. In view of, out of court amicable settlement between the parties, this appeal also holds no merits, hence stands disposed of as dismissed. Bail Bonds of respondents stand cancelled.

3.

The office to pay the requisite fees as per rules to appointed advocate from the Legal Aid Panel.

[DR. SHALINI PHANSALKAR-JOSHI, J.]

C E R T I F I C A T E Certified to be true and correct copy of the original signed judgment.