Vishal Bhaskar Khule And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:9796-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 1 CRIMINAL APPLICATION NO.319 OF 2024 Vishal Bhaskar Khule, Age 30 yrs., Occ. Government Service, Bhaskar Baburaoji Khule, Age 53 yrs., Occ. Government Service, Applicant Nos.1 and 2 are r/o Plot No.15, Galli No.7, Near New Mondha, Jadhavwadi, Harsul, Chhatrapati Sambhajinagar.
Indrajit Baburao Khule, Age 47 yrs., Occ. Agri., Nandabai Indrajit Khule, Age 43 yrs., Occ. Housewife, Applicant Nos.3 and 4 are r/o Khule Niwas, Mandir Galli, Golatgaon, Tq. & Dist. Chhatrapati Sambhajinagar.
... Applicants ... Versus ...
The State of Maharashtra Through Investigating Officer, Crime No.396/2022, Tqluka Jalna Police Station, Tq. & Dist. Jalna.
Suvarna Vishal Khule, Age 21 yrs., Occ. Nurse, R/o Jamwadi, Tq. & Dist. Jalna.
... Respondents ...
Mr. A.S. Chaudhari, Advocate for applicants Mrs. R.P. Gour, APP for respondent No.1 ...
CORAM :
SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.
DATE :
01st APRIL, 2025 ORDER :
Though the joint affidavit was earlier filed, it was objected by us. Now, the learned Mediator has forwarded the terms of compromise by applicant No.1 and respondent No.2. They are present before this Court and they reiterate the terms of compromise and, therefore, those terms are read and recorded.
Present application was filed for quashing the proceedings in Regular Criminal Case No.973/2022 pending before learned Judicial Magistrate First Class, Jalna, Dist. Jalna arising out of First Information Report vide Crime No.396/2022 dated 22.06.2022 registered with Taluka Jalna Police Station, Dist. Jalna, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and under Section 3 and 4 of the Dowry Prohibition Act, 1961.
Applicant No.1 and respondent No.2 are husband and wife and other applicants are the relatives. In view of the fact that the mediation is successful and applicant No.1 and respondent No.2 have decided to happily part and applicant No.1 has agreed to pay one time maintenance i.e. permanent alimony of Rs.10,50,000/- to respondent No.2, initially the agreement appears to be as per the joint affidavit that amount would be deposited through Demand Draft in this Court within 10 days i.e. on or before 28.03.2025, now, he is permitted to deposit the Demand Draft on or before 07.04.2024.
It appears that parties have other matters also which are pending before different Courts including this Court also and they are agreed to withdraw those matters and, therefore, respondent No.2 is allowed to withdraw 50% of the amount, which would be deposited by applicant No.1. On these conditions we allow the application with following order.
ORDER
i) Criminal Application stands allowed.
ii) The proceedings in Regular Criminal Case No.973/2022 pending beofre learned Judicial Magistrate First Class, Jalna, Dist. Jalna arising out of First Information Report vide Crime No.396/2022 dated 22.06.2022
registered with Taluka Jalna Police Station, Dist. Jalna, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and under Section 3 and 4 of the Dowry Prohibition Act, 1961, stands quashed and set aside as against applicants viz. 1) Vishal Bhaskar Khule, 2) Bhaskar Baburaoji Khule, 3) Indrajit Baburao Khule and 4) Nandabai Indrajit Khule.
iii) Respondent No.2 is allowed to withdraw 50% of the amount, which would be deposited by applicant No.1.
( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd