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Bombay High CourtAPPLN/61/2021application allowed

Tajmal Lalkha Tadvi And Others v. The State Of Maharashtra And Another

2022-09-07Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rajesh S. Patil2 pages

960-appln-61-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 CRIMINAL APPLICATION NO.61 OF 2021 TAJMAL LALKHA TADVI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Nagori Girish and Mr. Jadhav Yogesh H. APP for Respondent No.1 - State : Mr. A. M. Phule Advocate for Respondent No.2 : Mr. Pande Dipesh D. ...

CORAM : SMT. VIBHA KANKANWADI AND RAJESH S. PATIL, JJ.

DATE : 7th September, 2022 ORDER :- .

Heard learned Advocate for the applicant, learned APP for respondent No.1 - State and learned Advocate for respondent No.2. 2.

Respondent No.2 has filed affidavit-in-reply. 3.

The applicants are facing trial for the offence punishable under Sections 498-A, 406, 323 read with Section 34 of Indian Penal Code, which came to be registered vide Crime No.228 of 2019 with Bhusawal Bazarpeth Police Station, Tq. Bhusawal Dist. Jalgaon and after the investigation, the charge-sheet has been filed and the case has been registered as R.C.C. No.152 of 2019.

(1)

960-appln-61-2021.odt 4.

It appears that there was proceeding for divorce, which later on transferred to Family Court, Jalgaon and it was compromised. It was withdrawn and it was stated in the pursis that was given in the said proceedings that there is Talaq between the husband and wife. Now also by affidavit-in-reply, respondent No.2 is reiterating that the matter was amicably settled and she has no objection for quashment of the FIR as well as entire proceedings. In view of the said affidavit-in-reply and the fact that the matter had arisen out of the matrimonial dispute, the application stands allowed in terms of prayer clause ' B' and disposed of.

[RAJESH S. PATIL, J.] [SMT. VIBHA KANKANWADI, J.] scm (2)