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Bombay High CourtAPPLN/1445/2023disposed off

Ankit Bimal Agrawal v. The State Of Maharashtra And Another

2023-04-12Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

1009-Cri.Appln.125 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.125 OF 2023 WITH APPLN/1445/2023 IN APPLN/125/2023 ANKIT BIMAL AGRAWAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER . . .

Advocate for Applicants : Mr Milind Madhu Joshi APP for Respondent - State : Mr. M. M. Nerlikar Advocate for Respondent No.2 : Mrs. Rani R. Tandale . . .

CORAM : MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.

DATED : 12 APRIL 2023 PER COURT :

Heard the learned advocate for the applicants and the learned advocate for respondent no.2 as also the learned APP. 2.

Respondent no. 2 is the wife of the applicant no.1. The rest of the applicants are his relatives. They are seeking quashment of the crime registered at the instance of respondent no.2 being crime no. 83 of 2021 for the offences punishable under sections 498-A, 323, 504, 506 read with section 34 of Indian Penal Code.

3.

The parties are unanimous that they have amicably settled the dispute and respondent no.2 has filed an affidavit expressly mentioning that 1/2

1009-Cri.Appln.125 of 2023.odt she has no objection for quashment of the crime and the criminal case. She has also given certain terms which form the basis of settlement. 4.

We do not see any public policy being involved. The crime was registered pursuant to the matrimonial dispute. The couple has decided to settle all the disputes and we see no reason to create any obstacle in such amicable settlement.

5.

The application to the extent of applicant no.1 was dismissed as withdrawn. However, in view of such settlement, irrespective of that order the Crime bearing No. 83 of 2021, dated 16.03.2021 registered at Satara Police Sttion, Aurangabad and case bearing R.C.C. No.2472 of 2021 pending on the file of learned 12th Judicial Magistrate First Class, Aurangabad shall stand quashed and set aside as against all the applicants including applicant no.1. 6.

In view of above, application is disposed of. 7.

Pending application is disposed of.

(ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) Tandale/- 2/2