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Bombay High CourtAPL/201/2024allowed

Suhas Ravannath Holkar v. The State Of Maharashtra And ANR

2024-04-15Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 201 OF 2024 Suhas Ravannath Holkar ...Applicant

Versus

1. The State of Maharashtra

2. Nilima Vinayak Rakshe

...Respondents

AND CRIMINAL APPLICATION NO. 213 OF 2024

1. Vinayak Dattatray Rakshe

2. Sunanda Dattatray Rakshe ...Applicants

Versus

1. The State of Maharashtra

2. Nilima Vinayak Rakshe

...Respondents

....

Mr. Rajesh More, Advocate for the Applicants. Mr. Suchit Mundada, for Respondent No.2.

Ms. Rutuja Ambekar, APP for the Respondent No.1 - State. ....

CORAM

:

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

DATE :

15th APRIL, 2024.

P.C.

:

1.

Not on board. Taken on Board.

2.

The Applicants in both the applications are arraigned as Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.04.18 14:17:22 +0530 accused in the First Information Report (for short "FIR") dated SAJAKALI LIYAKAT JAMADAR

01.03.2023 registered with Wanavadi Police Station, Pune vide C.R. No.117 of 2023 for offences punishable under Sections 498-A, 504, 506 r/w Section 34 of Indian Penal Code (for short "IPC"). The FIR was registered at the instance of Respondent No.2. 3.

The Applicants in Criminal Application No.213 of 2024 are husband and mother-in-law of Respondent No.2 and applicant in Criminal Application No.201 of 2024 is the maternal uncle of accused No.1. The marriage between the accused No.1 and the complainant was solemnized on 19.12.2020. On account of differences, the complainant lodged the FIR.

4.

It is submitted that the parties have resolved the dispute. They have agreed to dissolve the marriage with mutual consent. The proceedings for divorce are pending before the Family Court at Pune. The parties have executed the Consent Terms. 5.

The complainant is present in the Court. She is represented by the Advocate. She has filed an Affidavits of consent for quashing the proceedings. She has no objection for quashing the impugned FIR.

6.

Considering the fact that the differences were on account of matrimonial discord between the parties and in view of the settlement, the FIR can be quashed.

ORDER

i) Criminal Application Nos.201 of 2024 and 213 of 2024 are allowed and disposed off;

ii) The FIR No.117/2023 dated 01.03.2023 registered with Wanavadi Police Station, Pune is quashed and set aside. (N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)