Manish Balram Makhija And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:6383-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

26 CRIMINAL APPLICATION NO. 497 OF 2025 1.

Manish Balram Makhija.

2.

Mala Balram Makhija.

3.

Rupesh Balram Makhija..

... Applicants

Versus

1.

The State of Maharashtra.

2.

Bhavika Manish Makhija.

... Respondents ...

Advocate for Applicants : Mr. Piyush Chhabria. APP for Respondent / State : Mr. N. R. Dayama. Advocate for Respondent No.2 : Ms. Rashmi R. Bhandarkar. ...

CORAM :

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

04th March, 2025.

P.C.:

.

Present application has been filed for quashing the proceedings in R.C.C. No.213 of 2024, dated 24th April, 2024, pending before the 1st Judicial Magistrate First Class at Shrirampur, District Ahmednagar, arising out of FIR vide C.R. No.85 of 2024, dated 28th January, 2024, registered with Shrirampur City Police Station, Ahmednagar, for the offence punishable under Sections 498-A, 323, 504 and 506 of Indian Penal Code.

The applicants and the respondent No.2 have settled the matter. Consent terms have been produced. They were got verified through the learned Register (Judicial) of this Court, who has submitted his report on 17th February, 2025. So also, a downloaded copy of the order below Exhibit-1 in Criminal M.A. No. 517 of 2023, passed by the learned Judicial Magistrate First Class, Court No.1, Shrirampur dated 24th April, 2024, has been produced which states that the parties have settled the matter amicably out of the Court and therefore the said application, which was under Section 125 of the Cr.P.C. was withdrawn. It is now stated that respondent No.2 has resumed cohabitation with applicant No.1, which is more than one year now. Under such circumstances, we have no hesitation in exercising our powers under Section 482 of Cr.P.C. Hence, the following order is passed:-

O R D E R

I.

The application stands allowed.

II.

The proceedings in R.C.C. No.213 of 2024, dated 24th April, 2024, pending before the 1st Judicial Magistrate First Class at Shrirampur, District Ahmednagar, arising out of FIR vide C.R. No.85 of 2024, dated 28th January, 2024, registered with Shrirampur City Police

Station, Ahmednagar, for the offence punishable under Sections 498-A, 323, 504 and 506 of Indian Penal Code, stands quashed and set aside as against all the applicants.

[ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga