Ashok Chandrakant Javanjal And ORS v. Mangal Ashok Javanja And ANR

THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 1431 OF 2010 1) Ashok Chandrakant Javanjal, Age- 25 years, Occu. : Agril., 2) Babasaheb Chandrakant Javanjal, Age- 27 years, Occu. : Agril., 3) Shamsunder Chandrakant Javanjal, Age- 19 years, Occu. : Agril., 4) Sunita Babasaheb Javanjal, Age- 25 years, Occu. : Agril., Applicant No.1 to 4 are R/o. Georai (Kalpeshwar Mala) Dist. Beed.

5) Mangal Deepak Lad, Age- 29 years, Occu. : Agril., R/o. Pangari, Tq. Georai, Dist. Beed.

... APPLICANTS V E R S U S 1) Mangal Ashok Javanjal, Age- 21 years, Occu. : Nil, R/o. Jod-Malegaon, Tq. Georai, Dist. Beed.

2) The State of Maharashtra, Through Police Station, Shevgaon, Dist. Ahmednagar.

... RESPONDENTS

...

Mr. P. K. Ippar, h/f Mr. S. J. Salunke, Advocate for Applicants. Mr. Apparao P. Yenegure, Advocate for Respondent No.1. Mr. R. V. Dasalkar, APP for Respondent No.2 / State. ...

CORAM :

T. V. NALAWADE & K. L. WADANE, JJ.

DATE :

03rd August, 2018.

ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .

The proceeding is filed under Section 482 of the Code of Criminal Procedure for relief of quashing of FIR No.M-9 of 2010, registered with Shevgaon Police Station, District Ahmednagar, for the offences punishable under Sections 498-A, 323, 504, 506 and 34 of the Indian Penal Code. The crime is registered on the basis of order made by the learned Judicial Magistrate First Class to make investigation under Section 156(3) of the Code of Criminal Procedure in a proceeding filed by Respondent No.1, Mangal. Both the sides are heard.

The Applicants are husband and relatives of husband of Mangal. The learned counsel representing Mangal has made a statement, on instructions, that the dispute is settled and Mangal has

returned to the matrimonial house and she is peacefully cohabiting with Applicant No.1, Ashok. He submitted that Respondent No.1 has no objection to grant the relief. In view of the nature of relief claimed and aforesaid circumstances, this Court holds that the relief needs to be granted. In the result, the following order is passed:

O R D E R

I.

The application is allowed.

II.

Relief is granted in terms of prayer clause (B). III.

Rule is made absolute in those terms.

[ K. L. WADANE, J. ] [ T. V. NALAWADE, J. ] ndm