← Library
Bombay High CourtAPPLN/228/2022application allowed

Bhavesh Ratilal Chauhan And Others v. The State Of Maharashtra And Another

2023-07-20Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

966-APPLN-228-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 228 OF 2022 Bhavesh Ratilal Chauhan and Others ..APPLICANTS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. G.K. Thigle (Naik), Advocate for applicants Mr. A.R. Kale, A.P.P. for respondent no.1 - State Ms. R.V. Sundale, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 20th JULY, 2023 PER COURT :

1.

This is an application for quashment of the First Information Report ('F.I.R.'), being Crime No. 460 of 2021 registered with Ambajogai City Police Station, Dist. Beed for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code. 2.

Heard.

3.

Unfortunately, husband of the informant passed away. The applicants before the Court are in-laws of Respondent No.2 - wife. On demise of the husband, some property dispute arose between the applicants 1 / 2

966-APPLN-228-22.odt on one hand and Respondent No.2 - wife on the other. Now, the parties have arrived at settlement on certain conditions. The applicants have agreed to remove objections raised by them in an application under Section 8 of Guardians and Wards Act, 1890, preferred by Respondent No.2 - wife. Respondent No.2 - wife filed her affidavit giving express consent to allow the present application, on condition that the applicants shall withdraw their aforestated objections.

4.

Learned counsel for the applicants, on instructions, makes a statement that the said objection would be withdrawn within a week's time. Same is accepted as an undertaking to this Court. 5.

In view of the affidavit filed by Respondent No.2 - wife (informant) giving express consent to allow the present application, same is allowed in terms of prayer clause (B).

( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2