← Library
Bombay High CourtAPPLN/1006/2024application allowed

Nilesh Vasantrao Patil And Others v. The State Of Maharashtra And Another

2025-04-02Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Sanjay A. Deshmukh4 pages

2025:BHC-AUG:9828-DB -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CRIMINAL APPLICATION NO. 1116 OF 2025 Nilesh S/o Vasantrao Patil Age :- 33 Years, Occ:- Advocate, R/o- CHS Herumb 9B/501, Near Tilak Nagar Station, Kurla East, Mumbai versus 1.

The State of Maharashtra Through the Police Inspector, Sakri Police Station, Dist-Dhule.

Nikita @ Nirjara W/o Nilesh Patil Age: 22 Years, Occu: Housewife R/o: Chinchkhed, Tq- Sakri, Dist- Dhule.

...Respondents

...

Advocate for Applicant : Mr. Shaikh Sohail Subhedar APP for Respondent No.1: Mr. V.K. Kotecha Advocate for Respondent No.2 : Mr. T.R. Quadari h/f Mr. Sanket N. Suryawanshi .....

AND 17 CRIMINAL APPLICATION NO. 1006 OF 2024 1.

Nilesh S/o Vasantrao Patil (Husband) Age: 32 Years, Occu: Education R/o: Plot no 501, Herumbh Co-op Society, New Mhada Colony, Kurla East, Mumbai Tq and Dist- Mumbai Sub Urban.

Vasantrao S/o Rajaram Patil [Father-in-law] Age: 71 Years, Occu: Retired Judge R/o: Plot no 501, Herumbh Co-op Society, New Mhada Colony,

-2Kurla East, Mumbai Tq and Dist- Mumbai Sub Urban.

3.

Jyoti W/o Vasantrao Patil [mother in Law) Age: 54 Years, Occu: Housewife R/o: Plot no 501, Herumbh Co-op Society New Mhada Colony, Kurla East, Mumbai Tq and Dist- Mumbai Sub Urban.

4.

Sarika D/o Vasantrao Patil [ Sister In Law] Age: 34 Years, Occu: Housewife R/o: Plot no 501, Herumbh Co-op Society New Mhada Colony, Kurla East, Mumbai Tq and Dist- Mumbai Sub Urban.

...Applicants

Versus

1.

The State of Maharashtra Through Sakri Police Station Dist. Dhule.

Nikita @ Nirjara W/o Nilesh Patil [wife of applicant No.1] Age: 21 Years, Occu: Housewife R/o: Chinchkhed, Tq- Sakri, Dist- Dhule

...Respondents

...

Advocate for Applicant : Mr. Govind M. Sharma APP for Respondent No.1: Mr. V.K. Kotecha Advocate for Respondent No.2 : Mr. T.R. Quadari h/f Mr. Sanket N. Suryawanshi .....

CORAM : SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATED : 2nd APRIL, 2025 PER COURT :- 1.

Learned advocate Mr. Quadri h/f learned advocate Mr. Sanket Suryawanshi, submits that he has instructions to appear for

-3respondent No.2. Learned advocate for the applicants and learned advocate for respondent submit that the matter has been settled amicably. The applicant in criminal application No. 1116 of 2025 is husband of respondent No.2 whereas the applicants in criminal application No. 1006 of 2024 are the husband, parents and sister of husband of respondent No.2. The compromise deed was submitted in respect of criminal application No. 1006 of 2024 and it has been got verified before the learned Registrar (Judicial) of this Court, on 18.02.2025. Now the compromise is with the husband also and it is not necessary to get it verified once again.

The applicants are accused in R.C.C. No. 14 of 2024 pending before the learned J.M.F.C. Sakri, district Dhule arising out of the C.R. No. 409 of 2023, dated 1.12.2023, registered with Sakri Police station, district Dhule, for the offences punishable under Sections 498-A, 323, 504, 506 r.w. 34 of I.P.C. 3.

Since the matter has been settled out of the court, in view of para 4 of the settlement deed, respondent No.2 has received part of the amount in cash. It appears that there are other matters also between the parties before the different courts and the rest of the amount is to be made available to respondent No.2 at the time of final date of divorce proceedings. Under such circumstances, there is no

-4hesitation for exercise of powers under Section 482 of the Cr.P.C. 4.

Both the applications therefore, stand allowed. 5.

The entire proceedings in R.C.C. No. 14 of 2024 pending before the learned J.M.F.C. Sakri, district Dhule, arising out of the C.R. No. 409 of 2023, dated 01.12.2023, registered with Sakri Police station, district Dhule, for the offences punishable under Sections 498-A, 323, 504, 506 r.w. 34 of I.P.C. stand quashed and set aside as against all the applicants in both these applications. (SANJAY A. DESHMUKH, J.) (SMT. VIBHA KANKANWADI, J.) rlj/