Asaram Sitaram Kokane And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CRIMINAL APPLICATION NO.867 OF 2021 1.

Asaram S/o Sitaram Kokane, Age : 72 Years, Occ. Agriculture, Resident of Nageshwadi, Tq. Ghansavangi District Jalna.

Vachhalbai W/o Asaram Kokane, Age : 66 Years, Occ. Agriculture Resident of As above Mukund S/o Asaram Kokane, Age : 49 Years, Occ. Private Service Resident of N-9,M-2,9/3, Sant Dnyaneshwar Nagar, Hudco, Aurangabad.

4.

Pratibha W/o Mukund Kokane, Age : 30 Years, Occ. Household work, Resident as above.

5.

Jyoti W/o Hanumant Jagtap, Age : 43 Years, Occ. Household work, Resident of Pimpri-Chinchwad, District Pune.

..Applicants V E R S U S

1.

The State of Maharashtra, Through Police Inspector, Georai Police Station, Georai, Tq. Gevrai, Dist. Beed.

Sow. Ratan W/o Makarand Kokane, Age : 38 Years, Occupation Household Resident of N-9, M-2,9/3 Sant Dnyaneshwar Nagar, HUDCO, Aurangabad.

Makarand S/o Asaram Kokane, Age : 45 Years, Occ. Business, Resident of N-9, M-2, 9/3, Sant Dnyaneshwar Nagar, HUDCO, Aurangabad.

..Respondents ...

Advocate for Applicants : Mr. R. P. Dhase APP for Respondent No.1: Mrs. G. L. Deshpande Advocate for Respondent No.2 : Mrs. Vaishali A. Shinde Advocate for Respondent No.3 : Mr. A.G. Deshmukh ...

CORAM : N.R. BORKAR, J.

DATE : 16.12.2021 ORDER :- This is an application under Section 482 of the Code of Criminal Procedure.

The respondent No.2 herein had fled the complaint case for the ofences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code, which came to be registered as Regular Criminal Case No. 41 of 2019 (old Misc. Criminal Application No. 607 of 2016.

The respondent No.2, who is present in the Court, has fled the consent affdavit. In her consent affdavit, respondent No.2 has stated that her husband took her back for cohabitation and she is residing with him since last four years. It is further stated that she does not want to prosecute the case fled by her.

4.

Considering the above facts and circumstances complaint case fled by the respondent No.2 i.e. Regular Criminal Case No. 41 of 2019 pending on the fle of learned Judicial Magistrate F.C. at Gevrai, District Beed is quashed. 5.

The application is disposed of.

( N. R. BORKAR ) JUDGE ysk