← Library
Bombay High CourtAPPLN/1778/2023application allowed

Kapil Sanjay Dhotre And Others v. The State Of Maharashtra And Another

2024-04-30Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:9354-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1046 CRIMINAL APPLICATION NO. 1778 OF 2023 KAPIL SANJAY DHOTRE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Shaikh Nasimoddin Rafiyoddin APP for Respondent No. 1 : Mr. S.S. Dande Advocate for Respondent No. 2 : Mr. Devakate Anant Ramahari ...

CORAM

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

DATE : 30 APRIL 2024 PER COURT :

Leave granted to add husband as applicant no. 1 again. Amendment to be carried out within a week.

2.

Learned Advocate for respondent no. 2 tenders across the bar her affidavit, inter alia, consenting for quashment of the crime in the light of these terms of settlement which she has incorporated in the rest of the paragraphs of the reply. 2.

Since the crime was registered at the instance of the respondent no. 2 because of the matrimonial discord now that applicant no. 1 and respondent no. 2 have reached some

settlement and have even after going for divorce by mutual consent expressly settling the terms, the application is allowed. Crime no. I-289 of 2022 registered with Kannad Police Station, Taluka Kannad, District Aurangabad, for the offences punishable under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act and consequential RCC No. 382 of 2023 pending before learned Judicial Magistrate First Class, Kannad, District Aurangabad, are quashed and set aside.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] Thakur-Chauhan/-