Uttamrao Kisanrao Sathe And Others v. Kishor Kacharu Jogdand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1858 OF 2014 Age major, Occu. Agriculture Age major, Occu. Agriculture Age major, Occu. Agriculture Age major, Occu. Agriculture Age major, Occu. Agriculture Age major, Occu. Agriculture Age major, Occu. Household Age major, Occu. Household 9.

Kamlabai w/o Uttamrao Sathe, Age 45 years, Occu. Household CRIMINAL APPLICATION NO.2317 OF 2013 Age 48 years, Occu. Meson

Age 26 years, Occu. Legal Practitioner Age 30 years, Occu. Meson Age 28 years, Occu. Labour @ Rekha d/o Uttamrao Sathe, Age 23 years, Occu. Household CRIMINAL APPLICATION NO.2318 OF 2013 Age 48 years, Occu. Meson Age 26 years, Occu. Legal Practitioner Age 30 years, Occu. Meson Age 28 years, Occu. Labour Age 25 years, Occu. Education Age 23 years, Occu. Household Age 26 years, Occu. Household Age 24 years, Occu. Household

9.

Kamlabai w/o Uttamrao Sathe, Age 46 years, Occu. Household CRIMINAL APPLICATION NO.1786 OF 2014 Age 58 years, Occu. Agriculture Age 24 years, Occu. Agriculture Age 28 years, Occu. Agriculture Age 26 years, Occu. Agriculture Age 32 years, Occu. Agriculture Age 32 years, Occu. Household Age 26 years, Occu. Household Age 50 years, Occu. Household 9.

Kamlabai w/o Uttamrao Sathe, Age 45 years, Occu. Household

.

..Respondent Mr A.A. Mukhedkar, Advocate for applicants Mr P.S. Agrawal, Advocate for respondent No.1 Mr N.T. Bhagat, A.P.P. for respondent No.2-State CORAM : V.K. JADHAV, J.

DATE : 3rd August 2016 PER COURT Heard both sides.

In all these applications, the applicants seek quashing of the proceedings of the private complaint bearing S.C.C. No.332/2013 (subject matter of Criminal Application No.1858 of 2014), for the offences punishable under Sections 323, 504 read with Sec.34 of Indian Penal Code, pending before the Judicial Magistrate, First Class, Kalamnuri, S.C.C. No.185/2012 (subject matter of Criminal Application No.2317 of 2013) for the offences punishable under Sections 323, 504, 506 (ii) of Indian Penal Code, pending before the Judicial Magistrate, Basmatnagar, District Hingoli, S.C.C.No.295/2012 (subject matter of Criminal Application No.2318 of 2013), for the offences punishable under Section 323, 504, 506 read with Sec.34 of Indian Penal Code, pending before the Judicial Magistrate, First Class, Hingoli and R.C.C.No. 253/2013 (subject matter of Criminal Application No.1786 of 2014), for the offences punishable under Sections 323, 394, 504, 506 of Indian Penal Code, pending before the learned Judicial Magistrate, First Class, Hingoli.

The applicants in all the above Criminal Applications are seeking quashing of the said private complaint mainly on the ground that the relations between the parties were strained on account of matrimonial proceedings between the parties and the parties have amicably settled their dispute before the Family Court, Nanded in Petition No.A335/2014. Both the Counsel submit that in the said compromise petition, all these pending complaints, which are the subject matter of present Criminal Applications before this Court have been referred and the husband and wife and their respective relatives have agreed to withdraw the cases pending against each other. As directed by this Court, the certified copy of the compromise arrived at between the parties before the Family Court, Nanded in the said Petition bearing No.

A-335/2014 came to be placed before this Court. In the light of the compromise effected between the parties and the fact that they have amicably settled their dispute by way of compromise before the Family Court, Nanded giving reference to the complaints pending before the Magistrates, which are subject matter of present Criminal Applications, there is no hurdle as such to quash and set aside all the said private complaints pending before the Magistrates in Hingoli district.

ORDER

(I) Criminal Applications No.1858 of 2014, 2317 of 2013, 2318 of 2013 and 1786 of 2014 are hereby allowed in terms of prayer clause (B).

(II) All the Criminal Applications are accordingly disposed of. ( V.K. JADHAV, J.) vvr