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Bombay High CourtAPPLN/482/2019rule absolute

Vinayak Hari Patil And Others v. The State Of Maharashtra And ANR

2019-03-19Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice Mangesh S. Patil2 pages

Cri. Appln. No. 482/2019

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 482 OF 2019 1.

Vinayak Hari Patil, Age 52 years, Occu. Agriculture, 2.

Manisha Vinayak Patil, Age 48 years, Occu. Household, 3.

Ankush Vinayak Patil, Age 24 years, Occu. Private job, All R/o. Dapora, Burhanpur, District : Burhanpur.

....Applicants.

Versus

1.

The State of Maharashtra, Through Raver Police Station, Raver, Tq. & Dist. Jalgaon.

2.

Pradeep Prakash Patil, Age 42 years, Occu. Agriculture, R/o. Ajnad, Tq. Raver, Dist. Jalgaon.

....Respondents.

Mr. A.J. Patil, Advocate for applicants.

Mr. P.G. Borade, APP for respondent/State.

Mr. V.B. Patil, Advocate for respondent No. 2. CORAM : T.V. NALAWADE AND MANGESH S. PATIL, JJ.

DATED : 19/03/2019.

ORAL JUDGMENT : [PER T.V. NALAWADE, J.] 1) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2) The proceeding is filed for relief of quashing of F.I.R.

Cri. Appln. No. 482/2019 No. 226/2018 registered with Raver Police Station, District Jalgaon for offences punishable under sections 406, 420, 34 etc. of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The F.I.R. is given by the father of girl that there was the engagement and even the date of marriage was fixed, but after that the respondents informed that they were not ready to perform the marriage as agreed. Allegations are also made that the first informant and his family are defamed by making false allegations against them.

3) The first informant has filed affidavit to show that he has no objection to give the relief claimed. As it was the dispute of private nature and the nature of allegations are such that the parties need to be allowed to settle the dispute, this Court holds that relief needs to be granted. In the result, the application is allowed. Relief is granted to the applicants in terms of prayer clause 'C'.

Rule is made absolute in those terms.

[ MANGESH S. PATIL, J.] [T.V. NALAWADE, J.] ssc/