Sushil Nana Sawant And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 173 OF 2024

1. Sushil Nana Sawant

2. Laxmi Nana Sawant

3. Suchita Umakant Waghmare

4. Sanjay Nana Sawant (Deceased) ...

Applicants

Versus

1. The State of Maharashtra

2. Gautami Sanjay Sawant ...

Respondents .........

Mr. Sadanand Bansode for the Applicant.

Ms. S. E. Phad, APP for the State.

Mr. Sumeet Bansod for Respondent No. 2.

.........

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

DATED : 20.02.2024 P.C. :- The applicants and respondent No. 2 have resolved their differences and agreed to quash the impugned proceedings in CC No. PW/136/2023 pending before the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai arising out of FIR dated 04.06.2022 registered with Shahu Nagar Police Station vide Crime No. 186 of 2022 for offences under Sections 498-A, 323, 504, 506, 509 r/w 34 of the Indian Penal Code. 1 / 3

2.

The applicant No. 1 is brother-in-law, applicant No. 2 is mother-in-law and applicant No. 3 is sister-in-law of respondent No. 2. The husband of respondent No. 2 had passed away on 14.12.2023.

3.

The complainant is present in the Court. She has no objection for quashing the proceedings. She has filed the afodavit stating that parties have decided to resolve the dispute between them and they would file consent terms in Domestic Violence Application No. 109 of 2022 pending before the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai.

4.

Learned Advocate for the applicants and respondent No. 2 submitted that in view of the settlement between the parties, proceedings may be quashed. It was agreed that the applicants shall make the payment of Rs. 1,50,000/- to the complainant. The demand draft of Rs. 1,50,000/- is handed over to the complainant.

5.

Considering the fact that the proceedings had arisen out of the matrimonial discord between the parties and since it is decided to resolve the dispute and in view of no objection of the complainant, the impugned proceedings can be quashed 2 / 3

and set aside.

ORDER

(i) Criminal Application No. 173 of 2024.

(ii) The proceedings in CC No. PW/136/2023 pending before the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai arising out of FIR dated 04.06.2022 registered with Shahu Nagar Police Station vide Crime No. 186 of 2022 for offences under Sections 498-A, 323, 504, 506, 509 r/w 34 of the Indian Penal Code are quashed and set aside. Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2024.02.22 18:57:46 +0530 MANGALTAI JAYWANT JADHAV ( N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 3 / 3