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Bombay High CourtAPPLN/1441/2023application allowed

Vilas Tulshiram Andore And Others v. The State Of Maharashtra And Another

2023-04-26Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

925 CRAPP 1441 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CRIMINAL APPLICATION NO.1441 OF 2023 VILAS TULSHIRAM ANDORE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Ingle Akash Ramkrishna APP for Respondent No. 1 : Mr. S.D. Ghayal Advocate for Respondent No.2 : Mr. Dheple Shantaram Ravji

CORAM

: MANGESH S. PATIL & ABHAY S. WAGHWASE, JJ.

DATE : 26.04.2023 PER COURT :

Heard the learned advocate for the applicant and the respondent No. 2 who appears suo moto and has even filed affidavit in reply. The learned advocates submit that the parties have settled the disputes amicably, as indicated in the affidavit of the respondent No. 2 wherein she has expressly given consent for quashment of the Crime.

2.

We have heard both the sides including the learned A.P.P. 3.

Crime No. 216/2022 has been registered with Kadim Jalna Police Station District Jalna for the offences punishable under Sections 498A, 323, 504 read with Section 34 of the Indian Penal Code which now forms the basis of Regular Criminal Case No. 522/2022 pending on the file of the Judicial Magistrate First Class Jalna.

4.

Taking note of the fact that the offence was registered pursuant to the matrimonial dispute and now that the parties have amicably settled it and even have filed a petition for divorce by mutual consent, according to us the proposed compromise and the request for quashment of the crime and the 1/2

925 CRAPP 1441 OF 2023.odt criminal case on the basis of it cannot be said to be against the public policy. 5.

The Criminal Application is allowed. Crime No. 216/20212 registered with Kadim Jalna Police Station District Jalna for the offences punishable under Sections 498A, 323, 504 read with Section 34 of the Indian Penal Code and the Regular Criminal Case No. 522/2022 pending on the file of the Judicial Magistrate First Class Jalna are quashed and set aside. (ABHAY S. WAGHWASE, J. ) (MANGESH S. PATIL, J.) mkd/- 2/2