Nagnath Bhadrappa Tondare And Others v. The State Of Maharashtra And Others

1232.14Criappln

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1232 OF 2014 WITH APPLN/4276/2015 IN APPLN/1232/2014 NAGNATH BHADRAPPA TONDARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Patil Umakant K. APP for Respondent/State : Mr. S.D. Kaldate Advocate for Respondent no.2 : Mr. Deshpande Amit S. ...

CORAM : S.S. SHINDE & A. I. S. CHEEMA, JJ.

Dated: August 14, 2015 ...

PER COURT :- Heard the learned counsel appearing for the parties. Parties were referred for mediation process. Accordingly, mediation is successful. Compromise pursis is placed on record.

2.

Applicant no.1 and Respondent No.2 applied for divorce with mutual consent. The learned counsel appearing for the applicant and Respondent No.2 submits that, the divorce decree is passed by the Joint Civil Judge, Senior Division, Latur. The judgment and decree passed by the said Court is placed on record at Exhibit `R-II' Collectively in Criminal Application No. 4276/2015.

3.

The learned counsel appearing for Respondent No.2 submits that, all the terms agreed between the parties

1232.14Criappln before the mediator were complied, and therefore, Respondent No.2 has no objection to allow Criminal Application No. 1232/2014.

4.

Upon hearing the learned counsel appearing for the parties and upon perusal of the contents of the application and annexures with Criminal Application No. 4276 of 2015 and the fact that, all the terms agreed between the parties have been complied with and the concerned Court has passed the decree of divorce with consent, in order to secure ends of justice and prevent abuse of process of Court, we are inclined to grant the application.

5.

In the circumstances, the proceedings in Regular Criminal Case No. 504/2014 in F.I.R. No. 195/2013 pending on the file of III Judicial Magistrate, First Class, Latur stands quashed and set aside. 6.

The application stands disposed of accordingly. 7.

Criminal Application No. 4276 of 2015 and Criminal Application No. 1232 of 2014 stand allowed and disposed of.

( A. I. S. CHEEMA, J. ) ( S.S. SHINDE, J. ) ...

SGA/