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Bombay High CourtAPPLN/622/2024application allowed

Rupesh Sadashiv Sawakare And Others v. The State Of Maharashtra And Another

2025-09-18Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Hiten S. Venegavkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.622 OF 2024 1.

Rupesh s/o Sadashiv Sawakare 2.

Aruna w/o Sadashiv Sawakare 3.

Rajesh s/o Sadashiv Sawakare 4.

Jyoti w/o Vishal Saindone 5.

Jayashri w/o Nilesh Sonawane 6.

Nilesh Yashawant Sonawane .. Applicants

Versus

1.

State of Maharashtra Through Police Inspector, Police Station Bhusawal City, Tq. Bhusawal and Dist. Jalgaon.

2.

Leena w/o Rupesh Sawakare .. Respondents ...

Ms. Asha Gore h/f Mr. A. P. Ghule Patil, Advocate for the applicants. Mr. N. R. Dayama, APP for respondent No.1/State. Mr. B. R. Kedar, Advocate for Respondent No.2. ...

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE : 18 SEPTEMBER, 2025 ORDER (Per Smt. Vibha Kankanwadi, J.) :- .

Present application has been filed for quashing the proceedings in Regular Criminal Case No.204 of 2023 pending before the learned 2nd Judicial Magistrate First Class, Bhusawal, District Jalgaon arising out of [1]

the FIR vide Crime No.125 of 2023 dated 03.07.2023 registered with Jalgaon City Police Station, District Jalgaon for the offences punishable under Sections 498-A, 504, 506, 323 read with Section 34 of Indian Penal Code.

2.

Both the sides have entered into compromise. They had filed the joint compromise terms which have been got verified through learned Registrar (Judicial) and he has filed the report on 18.07.2025. 3.

In the compromise terms, it has been stated that the informant/wife has lodged the impugned FIR against her husband and other relatives i.e. present applicants. It is stated that both the parties mutually agreed for settlement and the informant wife has resumed the cohabitation since 29.03.2025 and since then she is residing with applicant No.1.

4.

Since, now the parties have settled the matter and respondent No.2 has given no objection for quashing the FIR as well as the proceedings, there is no hurdle in exercising the powers under Section 482 of the Code of Criminal Procedure for quashing the FIR. We, therefore, proceed to pass following order :-

ORDER

I) Criminal Application stands allowed.

[2]

II) The proceedings in Regular Criminal Case No.204 of 2023 pending before the learned 2nd Judicial Magistrate First Class, Bhusawal, District Jalgaon arising out of the FIR vide Crime No.125 of 2023 dated 03.07.2023 registered with Jalgaon City Police Station, District Jalgaon for the offences punishable under Sections 498-A, 504, 506, 323 read with Section 34 of Indian Penal Code, stands quashed and set aside as against the present applicants.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]