Rahul Hanumandas Bairagi And Others v. The State Of Maharashtra And Another

1 Cr. Appln. 609 / 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 994 CRIMINAL APPLICATION NO. 609 OF 2021 RAHUL HANUMANDAS BAIRAGI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for applicants : Mr. M.K. Bhosale APP for the respondent - State : Mr. S.V. Hange Advocate for respondent no. 2 : Mr. K.N. Shermale ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 19 JANUARY 2024 ORAL ORDER :

Heard both the sides i.e. the learned advocate for the applicants as also the learned advocate for the respondent no. 2 and the learned APP.

2.

The learned advocate for the applicants and respondent no. 2 conjointly submit that the parties have put up an amicable settlement. They have also obtained divorce by mutual consent under section 13-B of the Hindu Marriage Act in Hindu Marriage Petition no. 500 of 2023 which was lodged in the Court of Civil Judge Senior Division, Sangamner. They tender across the bar a copy of the petition dated 13-12-2023. They also tender across the bar case status downloaded from District Court website and would submit that the civil

2 Cr. Appln. 609 / 2021 Court has granted the applicant no. 1 and the respondent no. 2 divorce by mutual consent.

3.

It is also being pointed out from paragraph no. 5 of the joint application that even the respondent no. 2 had agreed to consent for the quashment of the present crime for which the application has been moved.

4.

Since the crime was registered due to matrimonial dispute which has subsequently been amicably settled and even the respondent no. 2 has agreed to consent for the quashment of this crime, we allow the application.

5.

FIR no. 2059 of 2020 registered at Sangamner City Police Station for the offences punishable under section 498-A, 323, 504, 506, 354 r/w. 34 of the Indian Penal Code is quashed and set aside.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/