Rameshwar Arun Bhise And Others v. The State Of Maharashtra And Another

37-Cri.Appln.1687 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1687 OF 2023 RAMESHWAR ARUN BHISE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER . . .

Advocate for Applicants : Mr. Pratik A. Bhosle APP for Respondent - State : Mr. S. D. Ghayal Advocate for Respondent No.2 : Mr. K. D. Jadhav . . .

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

DATED : 02 MAY 2023 PER COURT :

.

Heard.

2.

Issue notice to the respondents, returnable forthwith. Learned APP waives service on behalf of respondent no.1 and learned advocate Mr. K. D. Jadhav waives service on behalf of respondent no.2. 3.

Respondent no.2 has already filed affidavit-in-reply consenting for quashment.

4.

The terms of settlement duly affirmed by both sides are also placed on record (Exhibit 'R-1'). The applicants who are the husband of respondent no.2 and his relatives have been seeking quashment of the crime 1/2

37-Cri.Appln.1687 of 2023.odt bearing No.175 of 2022 registered with Karmad police station, Dist. Aurangabad for the offences punishable under sections 498-A, 323, 504, 506 read with section 34 of Indian Penal Code and subsequent charge-sheet and the criminal case bearing R.C.C.No. 1237 of 2022 pending on the file of learned 15th Judicial Magistrate First Class, Aurangabad. 5.

Obviously, the genesis for registration of crime is the matrimonial discord. The couple seems to have amicably sorted out the difference and have resolved to lead independent life. The decree for divorce has also been obtained. The terms of compromise have been settled. The compromise cannot be said to be against public policy.

6.

The application is allowed and Crime No.175 of 2022 and criminal case bearing R.C.C. No.1237 of 2022 are quashed and set aside. (ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) Tandale/- 2/2