Ashok Vitthal Patil And Others v. The State Of Maharashtra And ANR

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 533 OF 2019 1.

Ashok Vitthal Patil, Age 55 years, Occu. Agri., 2.

Sahebrao Vitthal Patil, Age 60 years, Occu. Agri., 3.

Sunanda Sahebrao Patil, Age 55 years, Occu. Service, 4.

Prajakta Mayur Patil, Age 27 years, Occu. Household, All R/o. Samner, Tq. Pachora, Dist. Jalgaon.

5.

Shantaram Dattu Patil, Age 50 years, Occu. Agri., R/o. Bhatkhande, Tq. Pachora, Dist. Jalgaon.

6.

Bhagwan Ganpat Patil, Age 49 years, Occu. Service, R/o. Girad, Tq. Pachora, Dist. Jalgaon At present Yashodanagar, Pachora, Dist. Jalgaon.

7.

Sahebrao Shivram Patil, Age 60 years, Occu. Agri., R/o. Lohari, Tq. Pachora, Dist. Jalgaon.

At present State Bank Colony, Behind Sanjavani Hospital, Near Reliance Pump, Pachora, Dist. Jalgaon.

....Applicants.

Versus

1.

The State of Maharashtra Through its Police Station Pimpalgaon Hareshwar, Tq. Pachora, Dist. Jalgaon.

2.

Mayur Ashok Patil, Age 30 years, Occu. Medical Practitioner, R/o. Shindad, Tq. Pachora, Dist. Jalgaon.

....Respondents.

Mr. V.P. Patil, Advocate for applicants.

Mr. R.D. Sanap, APP for respondent No. 1/State. Mr. P.R. Patil, Advocate for respondent No. 2. CORAM : T.V. NALAWADE AND K.K. SONAWANE, JJ.

DATED : 10/06/2019.

ORAL JUDGMENT :

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. No. 7/2018 registered with Pimpalgaon Hareshwar Police Station, Tq. Pachora, Dist. Jalgaon and proceeding of R.C.C. No. 110/2018. The case is filed for offences punishable under sections 326, 448, 149 etc. of Indian Penal Code (hereinafter referred to as 'IPC' for short). 3) During arguments, the learned counsel of both the sides, applicants and first informant submitted that it is a matrimonial dispute and both the sides have settled the dispute. Copy of application of divorce by mutual consent dated 6.3.2019 is produced

on record. Today the learned counsel for applicants submitted that one matter which was filed by wife and which was pending in the Court No. 1 came to be settled by compromise and the F.I.R. from present matter is filed by husband. The present application is filed by the relatives of wife for quashing of the case. Learned counsel Shri. P.R. Patil for husband is present in the Court. He submitted that the husband is the first informant and he is present in the Court and he admits that such settlement has taken place. He submits that the husband has no objection for granting the relief. In the result, the application is allowed. Relief is granted in terms of prayer clause 'B'. Rule is made absolute in those terms.

[ K.K. SONAWANE, J.] [T.V. NALAWADE, J.] ssc/