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Bombay High CourtAPPLN/1743/2023application allowed

Amit Bhaskarrao Tribhuwan And Others v. The State Of Maharashtra And Another

2025-03-24Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rohit W. Joshi3 pages

2025:BHC-AUG:8703-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1743 OF 2023 1.

Amit s/o Bhaskarrao Tribhuwan Age: 37 years, Occu.: Service, R/o. Room No.104, D-wing, Gite Nagar, Badlapur, Tq. Ambarnath, District Thane 2.

Bhaskar Fakirrao Tribhuwan Age: 64 years, Occu.: Retired Govt. Servant, R/o. Room No.104, D-wing, Gite Nagar, Badlapur, Tq. Ambarnath, District Thane 3.

Shobha Bhaskar Tribhuwan Age: 60 years, Occu.: Household, R/o. Room No.104, D-wing, Gite Nagar, Badlapur, Tq. Ambarnath, District Thane 4.

Sumit Bhaskarrao Tribhuwan Age: 31 years, Occu.: Business, R/o. Room No.104, D-wing, Gite Nagar, Badlapur, Tq. Ambarnath, District Thane 5.

Vaishali w/o Sampat Bhosale Vaishali d/o Bhaskarrao Tribhuwan, Age: 34 years, Occu.: Household, R/o. Sarnath Society, Lane No.13, Khandoba Mandir, Khandoba, Lohagaon, Pune.

.. Applicants

Versus

1.

The State of Maharashtra Through Police Station Satara Taluka and District Aurangabad.

[1]

2.

Ashwini w/o Amit Tribhuwan Age: 32 years, Occu.: Household, R/o. Plot No.163, Sudhakar Nagar, Satara Parisar, Beed Bypass Road, Aurangabad.

.. Respondents ...

Mr. Jagdish V. Deshpande, Advocate for the applicants. Mr. A. R. Kale, APP for respondent No.1/State. Mrs. A. D. Deshmukh, Advocate for respondent No.2. ...

CORAM : SMT. VIBHA KANKANWADI & ROHIT W. JOSHI, JJ.

DATE : 24 MARCH 2025 ORDER :

.

In view of our order dated 18.02.2025, the parties had appeared before the learned Registrar (Judicial), who has verified the affidavit-inreply and terms therein and has given report on 18.02.2025 to this Court. As per the parties i.e. husband and wife, the matter has been settled and respondent No.2 would receive the said amount. Another condition in the terms is that respondent No.2 would give no objection for quashment of the proceedings and accordingly, the affidavit has been filed. 2.

Since the matter had arisen out of matrimonial dispute and there is a settlement, we have no hesitation in exercising our inherent powers under Section 482 of the Code of Criminal Procedure. Hence, the following order :- [2]

ORDER

I) Criminal Application stands allowed.

II) The proceedings in Regular Criminal Case No.1886 of 2023 pending before the learned 8th Judicial Magistrate First Class, Aurangabad arising out of FIR vide Crime No.313 of 2022 registered with Satara Police Station, Taluka and District Aurangabad for the offences punishable under Sections 498-A, 324, 354, 195-A, 504, 506, 201 read with Section 34 of Indian Penal Code, stands quashed and set aside as against the present applicants.

III) We hope and trust that the other terms of settlement would be taken care of by the Family Court, Aurangabad. [ ROHIT W. JOSHI ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]