Rama Rajiv Devkhedkar v. The State Of Maharashtra And Another

2024:BHC-AUG:10253-DB 1 Cri. Appln. 1872 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1872 OF 2024 RAMA RAJIV DEVKHEDKAR

VERSUS

THE STATE OF MAHARSHTRA AND ANOTHER ...

Advocate for applicant : Mr. D.B. Pokale APP for the respondent - State : Ms. P.R. Bharaswadkar Advocate for respondent no. 2 : Mr. R.P. Mote ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 10 MAY 2024 PC :

Heard both the sides.

2.

The applicant is wife of respondent no.2 and is seeking quashment of crime no. 292 of 2022 registered with Jinsi Police Station, Chhatrapati Sambhajinagar for the offences punishable under section 324 and 352 of the Indian Penal Code and the subsequent Regular Criminal Case no. 1006 of 2023 pending before the jurisdictional Magistrate at Aurangabad.

3.

Respondent no. 2 has filed affidavit in reply inter alia mentioning about settlement arrived at between the couple and both of them having filed a proceeding for divorce by mutual consent. He has also mentioned about payment of permanent alimony to the applicant.

2 Cri. Appln. 1872 / 2024 4.

Since the crime was registered pursuant to the matrimonial dispute, we find no hesitation in accepting the joint stand to quash the crime and the criminal case.

5.

The application is allowed.

6.

Crime no. 292 of 2022 registered with Jinsi Police Station, Chhatrapati Sambhajinagar for the offences punishable under section 324 and 352 of the Indian Penal Code and the subsequent Regular Criminal Case no. 1006 of 2023 pending before the jurisdictional Magistrate at Aurangabad are quashed and set aside. [ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/