Satish Subhash Gadve And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:9615-DB 1 Cri. Appln. 279 - 2024 CORRECTED VIDE ORDER DATED 02-05-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 169 CRIMINAL APPLICATION NO. 279 OF 2024 SATISH SUBHASH GADVE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for applicant : Mr. S.A. Ambad APP for the respondent - State : Mr. S.P. Joshi Advocate for respondent no. 2 : Ms. Namita Thole ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 29 APRIL 2024 PC :

Heard both the sides.

2.

Learned advocate for the applicant and respondent no. 2 tender across the bar a joint application duly affirmed by applicant no. 1 and respondent no. 2.

3.

Learned advocates unanimously submit that the parties have settled the dispute amicably and have even moved for divorce by mutual consent by filing petition no. F-18/2024 in the Family Court at Aurangabad, a copy of which is annexed to the joint application presented today.

2 Cri. Appln. 279 - 2024 4.

Since the offence was registered pursuant to a matrimonial dispute, in view of the settlement, their joint request for quashment of the Crime and the Regular Criminal Case is innocuous and is accepted.

5.

Application is allowed.

6.

Crime no. 34 of 2023 registered with Chikalthana Police Station, Taluka and Dist. Aurangabad for the offences punishable under section 498-A, 323, 504 read with 34 of the Indian Penal Code and Regular Criminal Case no. 752 of 2023 pending before the learned Judicial Magistrate First Class, Court No. 11, Aurangabad are quashed and set aside.

7.

We quantify the fees of learned advocate Ms. Thole, whom we had appointed to represent respondent no. 2, at Rs.2000/- (Rs. Two Thousand).

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/