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Bombay High CourtAPPLN/875/2023application allowed

Pratik Omprakashji Bhakkad And Others v. The State Of Maharashtra And Another

2024-05-03Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:9459-DB (1) 1017criapln875.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1017 CRIMINAL APPLICATION NO. 875 OF 2023 PRATIK OMPRAKASHJI BHAKKAD AND OTHERS ....Applicants

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....Respondents Mr. R. A. Karwa, Advocate for the applicants Mr. Y. R. Pallod, Advocate Mr. B. S. Choure, Advocate for respondent No.2 Mrs. V. N. Patil-Jadhav, APP for the respondents/State CORAM :

MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE :

03rd MAY, 2024 P. C.

1.

By way of this application under Section 482 of the Code of Criminal Procedure the applicants are seeking quashment of the FIR bearing Crime No.13/2023 registered with Pathri Police Station, Dist. Parbhani for the offences punishable under Sections 498-A, 323, 504, 506 read with section 34 of the Indian Penal Code at the instance of respondent No.2 who happens to be wife of applicant No.1 all together with the

(2) 1017criapln875.23 charge-sheet consequently regular criminal case. 2.

Learned advocate for the applicants and learned advocate for respondent No.2 tender across the bar compromise deed dated 03-05-2024 enter into between the applicants and respondent No.2 interalia deciding to quash the crime for the terms settled between the parties. The compromise deed is taken on record and marked as 'X' for the purpose of identification. 3.

Since the crime was registered because of matrimonial dispute and when the couple have now settled the dispute in accordance with compromise terms, we see no impediment for quashing the crime.

4.

In view of above, the criminal application stands allowed.

[SHAILESH P. BRAHME, J.] [MANGESH S. PATIL, J.] VishalK/1017criapln875.23