Shivchandra Babuappa Chinuke And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:6854-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 20 CRIMINAL APPLICATION NO.624 OF 2025 Shivchandra Babuappa Chinuke, Age 39 yrs., Occ. Agri., R/o Nimbhora, Tq. Kannad, Dist. Chhatrapati Sambhajinagar.
At present r/o Parali City, Tq. Parali, Dist. Beed.
Babuappa Chhaganappa Chinuke, Age 83 yrs., Occ. Agri., R/o Nimbhora, Tq. Kannad, Dist. Chhatrapati Sambhajinagar.
At present r/o Parali City, Tq. Parali, Dist. Beed.
Sulochana Babuappa Chinuke, Age 80 yrs., Occ. Household, R/o Nimbhora, Tq. Kannad, Dist. Chhatrapati Sambhajinagar.
At present r/o Parali City, Tq. Parali, Dist. Beed.
Jyoti Nagnathappa Gavandar, Age 50 yrs., Occ. Household, R/o Ayodhya Nagar, N-7, Chhatrapati Sambhajinagar, Dist. Chhatrapati Sambhajinagar.
Meena Prabhakarappa Gavandar, Age 53 yrs., Occ. Household, R/o Bharat Mata Nagar, N-12, Chhatrapati Sambhajinagar, Dist. Chhatrapati Sambhajinagar.
Hirabai Ganeshappa Modhe, Age 44 yrs., Occ. Household, R/o Mayur Park, Rameshwar Nagar,
Chhatrapati Sambhajinagar, Dist. Chhatrapati Sambhajinagar.
Ganesh Appa Modhe, Age 46 yrs., Occ. Government Servant, R/o Mayur Park, Rameshwar Nagar, Chhatrapati Sambhajinagar, Dist. Chhatrapati Sambhajinagar.
... Applicants ... Versus ...
The State of Maharashtra Through Officer In-charge, Police Station, Parali (City), Dist. Beed.
Bhagyashree Shivchandrappa Chinuke, Age 35 yrs., Occ. Household, R/o Hanuman Nagar, Garkheda Parisar, Chhatrapatil Sambhajinagar.
At present r/o Bhagwan Baba Chowk, Parali Vaijinath, Dist. Beed.
... Respondents ...
Mr. S.E. Shekade, Advocate for applicants Mr. V.K. Kotecha, APP for respondent No.1 Mr. R.G. Narwade, Advocate for respondent No.2 ...
CORAM :
SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.
DATE :
07th MARCH, 2025
ORDER :
Present application has been filed for quashing proceedings in Regular Criminal Case No.289/2023 pending before learned Judicial Magistrate First Class, Parali, Dist. Beed arising out of First Information Report vide Crime No.160/2023 dated 20.08.2023 registered with Police Station, Parali, Dist. Beed, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860. The parties have settled the matter. The affidavit-in-reply has been filed by respondent No.2 and then the parties were referred before learned Registrar (Judicial), who has verified the terms and submitted report on 25.02.2025. Especially, paragraph No.4 of the affidavit-in-reply is accepted by respondent No.2 and, therefore, it appears that while settling the dispute interest of parties is secured. As the matter had arisen due to matrimonial dispute and it is settled, we have no hesitation in exercising our powers under Section 482 of the Code of Criminal Procedure. Hence, following order.
ORDER
i) Criminal Application stands allowed.
ii) The proceedings in Regular Criminal Case No.289/2023 pending before learned Judicial Magistrate First Class, Parali, Dist. Beed arising out of First Information Report vide Crime No.160/2023 dated 20.08.2023 registered with Police Station, Parali, Dist. Beed, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Shivchandra Babuappa Chinuke, 2) Babuappa Chhaganappa Chinuke, 3) Sulochana Babuappa Chinuke, 4) Jyoti Nagnathappa Gavandar, 5) Meena Prabhakarappa Gavandar, 6) Hirabai Ganeshappa Modhe, 7) Ganesh Appa Modhe.
( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd