Swamini Suyog Powar v. State Of Maharashtra

503-APL-437-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 437 OF 2024 Swamini Suyog Powar ...Applicant

Versus

Suyog Sunil Powar and Ors.

...Respondents

....

Ms. Neha Chhajalane, Advocate for the Applicant. Ms. Akshay Kadam, for the Respondent Nos.1 to 4. Mr. Anand S. Shalgaonkar, APP for the Respondent No.5 - State. ....

CORAM

:

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

DATE :

26th APRIL, 2024.

P.C.

:

1.

Not on Board. Taken on Board.

2.

The applicant is the original complainant. The FIR has been registered at her instance with Shrivardhan Police Station, Dist.Raigad on 27.05.2022 vide C.R. No.52 of 2022 for offences under Sections 323, 498-A, 504, 506 & 509 r/w Section 34 of Indian Penal Code (for short 'IPC') The Respondent No.1 to 4 were arraigned as accused in the said FIR.

3.

It is jointly submitted that the parties have resolved the dispute and the charge-sheet may be quashed with the consent of complainant.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.04.27 15:01:33 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

503-APL-437-2024.doc 4.

The applicant/complainant is present in the Court. The Respondent No.1 is also present in the Court. Both are represented by the Advocates.

5.

As per the Consent Terms it is agreed that the Respondent No.1 shall make a payment of Rs.1.50 Lakhs to the Applicant. The amount of Rs.75,000/- is already given to the Applicant. The balance amount is agreed to be paid to the Applicant at the time of decree of divorce. It is also agreed that the gold ornaments belonging to Applicant shall be given to her on the date of decree of divorce.

6.

Considering the fact that the parties have settled the dispute, the proceedings can be quashed.

ORDER

i) Criminal Application No.437 of 2024 is allowed and disposed off;

ii) The proceedings in R.C.C. No.46 of 2022 pending before the learned Civil Judge Junior Division Shrivardhan Court, which are arsing out of C.R. No.52 of 2022 dated 27.05.2022 is quashed and set aside;

iii) The Respondent No.1 shall file an undertaking before this Court within a period of one week stating that he would adhere to the terms of settlement.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.) Sajakali Jamadar