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Bombay High CourtAPPLN/1120/2020application allowed

Jyoti Adhar Chaudhari And Others v. The State Of Maharashtra And ANR

2021-04-26Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice B. U. Debadwar2 pages

4-CrA-1120-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1120 OF 2020 JYOTI ADHAR CHAUDHARI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Shri Girish S. Rane APP for Respondent No.1 : Shri R. V. Dasalkar Advocate for Respondent No.2 : Shri M. M. Bhokarikar ...

CORAM : RAVINDRA V. GHUGE AND B. U. DEBADWAR, JJ.

DATE : 26TH APRIL, 2021 PER COURT :

1.

The learned advocate representing the informant - respondent No.2 herein, has tendered an affidavit with verification, from page Nos. 48 to 50. The terms and conditions, on the basis of which the applicants and the informant have reconciled their dispute, are set out at page No.49. The informant has categorically affirmed that FIR No. 192 of 2020 dated 11-05-2020, registered at Ramanand Police Station, Jalgaon and the charge-sheet filed in R.C.C. No. 243 of 2021, may be quashed, as the FIR was filed in the light of a matrimonial discord between the parties. It is also mentioned at page No.49 that H.M.P. No.152 of 2020 contains all the terms and conditions of settlement filed before the learned Civil Judge Senior Division, Amalner.

4-CrA-1120-20.odt 2.

It is, therefore, prayed jointly by the applicants as well as respondent No.2 informant that this application may be allowed in terms of prayer clause [AA], which reads as under :- "AA] The Hon'ble High Court may be pleased to quash and set aside the charge sheet filed in C.R. No.0192/2020 registered at Ramanand Police Station, Jalgaon for the offence punishable under Section 498-A, 420, 406, 323, 504, 506, 507, 510, R/w 34 of the Indian Penal Code and the proceedings based thereon against the Applicants."

3.

In view of the above, this application is allowed in terms of prayer clause [AA].

(B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.) SVH