Dharmaraj Dinkar Desai And Others v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1300 OF 2019 1.

Dharamraj Dinkar Desai, Age : 29 years, Occupation Service, R/o. Flat No. 303, P-1 Building, Uday Hilltop Society, Ravet, Tq. Haveli, District Pune.

2.

Indira Dinkar Desai, Age 59 years, Occupation Housewife, R/o. Flat No. 303, P-1 Building, Uday Hilltop Society, Ravet, Tq. Haveli, District Pune.

3.

Jyoti Ganesh Behare, Age 35 years, Occupation Service, R/o. Flat No. 303, P-1 Building, Uday Hilltop Society, Ravet, Tq. Haveli, District Pune.

4.

Sonali Suryakant Khairnar (Patil), Age 36 years, Occupation Service, R/o. 38, Gat No. 99, 1/A, Hirashiva Colony, Jalgaon.

5.

Suryakant Vinayak Khairnar (Patil), Age 42 years, Occupation Teacher, R/o. 38, Gat No. 99, 1/A, Hirashiva Colony, Jalgaon.

6.

Lina Chetan Pawar, Age 31 years, Occupation Service, R/o. Flat No. 303, P-1 Building, Uday Hilltop Society, Ravet, Tq. Haveli, District Pune.

7.

Chetan Rameshrao Pawar, Age 36 years, Occupation Service, R/o. Flat No. 303, P-1 Building, Uday Hilltop Society, Ravet, Tq. Haveli, District Pune.

8.

Dilip Gopichand Khairnar, Age 48 years, Occupation Service, R/o. Flat No. 5, Sector 25,

Nigdi Pradhikaran, Pune.

..

Applicants (Original Accused)

Versus

1.

The State of Maharashtra 2.

Priyanka Dharmaraj Desai @ Priyanka Sanjay Sonwane, Age 26 years, Occupation Service, At present Office : Employee ID - 513248, Cognizant Technology Solutions, I.S.H. Building Phase-I, Hinjewadi, Tq. Mulshi, District Pune.

R/o. C/o. Sanjay Babhutrao Sonwane, 22-B, Divyaprajay Niwas, Shriguru Colony, Near Mahadeo Temple, Gondur Road, Deopur, Dhule.

Mobile No. 07387541375, 09359698272 ..

Respondents (Respondent No.2 - original first informant) ...

Mr. Joydeep Chatterji, Advocate for the Applicants. Mr. R. D. Sanap, APP for Respondent No. 1.

Mr. Manish Bhamre, Advocate for Respondent No.2. ...

CORAM

:T.V. NALAWADE AND K.K. SONAWANE ,JJ.

DATE : 12th JULY, 2019.

ORAL JUDGMENT : [ PER T.V. NALAWADE,J] 1] Heard. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2] The proceeding is filed for quashing the FIR No. 29 of 2019 registered against the applicants at West Deopur Police Station, Dhule for the offence punishable under Sections 498-A, 406, 354(A), 323, 504, 506 r/w. 34

of IPC.

3] During the course of arguments, the learned counsels for both sides submit that the parties have settled their dispute amicably and a joint pursis is filed on record to that effect. It is submitted that they have decided to file proceeding for divorce by mutual consent in the Court at Dhule. The first informant has contended that she has settled the dispute and she has no inclination to give evidence against the present applicants. The applicants are husband and relatives of first informant.

4] In view of the circumstances, this court holds that relief needs to be given. In the result, the application is allowed. Relief is granted in terms of prayer clause (B). Rule is made absolute in those terms. No orders as to costs. [K.K. SONAWANE] [T.V. NALAWADE] JUDGE JUDGE grt/