Mangesh Uttam Munde And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:8345-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

7 CRIMINAL APPLICATION NO. 923 OF 2025 1.

Mangesh S/o Uttam Munde.

2.

Sukshala W/o Uttam Munde.

3.

Ganesh S/o Uttam Munde.

... Applicants

Versus

1.

The State of Maharashtra.

2.

Anjali Mangesh Munde, ... Respondents ...

Mr. Abhijeet V. Thombre, Advocate for Applicants. Mr. A. M. Phule, APP for Respondent / State.

Mr. A. S. Jagtap, Advocate for Respondent No.2. ...

CORAM :

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

19th March, 2025.

Per Court:

.

Mr. A. S. Jagtap, learned counsel appears suo-moto for respondent No.2 and places on record compromise-deed as well as certified copies from the proceedings before the Family Court. Present application has been filed under Section 482 of the Code of Criminal Procedure for quashing the proceedings in

R.C.C. No.745 of 2024, pending before the Judicial Magistrate First Class-4, Beed, arising out of FIR vide C.R. No.447 of 2024, dated 14th September, 2024, registered with Shivajinagar Police Station, Taluka and District Beed, for the offence punishable under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code. Though the compromise-deed containing the terms have been separately filed, yet it can be considered that before the Family Court, Beed, the proceedings was filed for divorce by respondent No.2. In that matter, at Exhibit-10, settlement-deed was filed and it appears that it has been read and recorded on 3rd January, 2025 by the learned Judge of the Family Court, Beed, wherein there is a specific stipulation of about agreement of respondent No.2 to give no objection for the quashment of the proceedings in R.C.C.

No.745 of 2024, before the Judicial Magistrate First Class. Even now also, the same fact or terms are repeated. The verification is before the Section Officer of this Court and therefore, it can be considered that the identity of respondent No.2 is not in question. As the matter had cropped up due to marital discord between applicant No.1 and respondent No.2 and now there is a settlement between them, there is no hurdle in exercising the powers under Section 482 of the Cr.P.C.

O R D E R

I.

The application stands allowed.

II.

The proceedings in R.C.C. No.745 of 2024, pending before the Judicial Magistrate First Class-4, Beed, arising out of FIR vide C.R. No.447 of 2024, dated 14th September, 2024, registered with Shivajinagar Police Station, Taluka and District Beed, for the offence punishable under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code, stands quashed and set aside as against all the applicants.

[ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga