Karishma Pratik Desale @ Karishma Eknath Patil And Others v. The State Of Maharashtra And Another

918-851.21APPLN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CRIMINAL APPLICATION NO.851 OF 2021 KARISHMA PRATIK DESALE @ KARISHMA EKNATH PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for applicants : Mr.Vijay B. Patil APP for respondent/State : Mr. S.J. Salgare Advocate for respondent No.2 : Mr.Amol S. Sawant ...

CORAM : SMT. VIBHA KANKANWADI & ABHAY S. WAGHWASE, JJ.

DATE : 22ND NOVEMBER, 2022 ORDER:

.

Parties have settled the matter out of Court and the compromise deed has been produced. Learned Registrar (Judicial) has verified the same.

2.

It can be seen from the proceeding that the impugned FIR by respondent no.2 appears to be arising out of the matrimonial dispute between her son and daughter-in-law. Applicant no.1 is the daughterin-law. Though said FIR has been registered for the offences punishable under sections 451, 395, 352, 504, 506 read with 34 of the Indian Penal Code, we are required to consider the fact that it is arising out of the matrimonial dispute. It is not in dispute that the

918-851.21APPLN dispute between the applicant no.1 and son of respondent no.2, which led to various criminal proceedings as well as the divorce petition by mutual consent in view of the settlement that has been arrived at.

3.

Under such circumstance, taking into consideration that the said offence cannot be said to be affecting the society, but it was restricted to the family of respondent no.2, we do not find any reason to reject the prayer in the compromise to quash the FIR. Charge-sheet is not yet filed.

4.

In view of the said compromise deed, which has been now read and recorded and marked Exhibit "A", the application stands allowed and disposed of in terms of prayer clause "B". (ABHAY S. WAGHWASE, J.) (SMT. VIBHA KANKANWADI, J.) sga/-