Mahesh Aabaji Sonawane And Others v. The State Of Maharashtra And Another
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1486 OF 2021 01 Mahesh Aabaji Sonawane, age: 35 years, Occ: Doctor, R/o Saiseva Hospital, Ladsawangi Road, Karmad, Tq. & Dist. Aurangabad.
02 Aabaji Gangadhar Sonawane, aged: 71 years, Occ: Nil;
03 Manojkumar Abaji Sonawane, age: 41 years, Occ: Service;
04 Pratibha Manoj Sonawane, age: 41 years, Occ: Service;
05 Ratna Aabaji Sonawane, age: 64 years, Occ: Household, Applicants No. 2 to 5 - R/o Sadgurusai Apartment, Subhadra Nagar, Kopargaon, District Ahmednagar.
06 Urmila Somnath Wagh, age: 40 years, Occ: Household, R/o Saisrushti Apartment, Chakradhar Nagar, Nashik, Tq Dist. Nashik.
Applicants
Versus
01 The State of Maharashtra, through In-charge, Karmad Police Station, Aurangabad, District Aurangabad.
02 Mayuri Mahesh Sonawane, age: 34 years, Occ: Doctor, R/o Saiseva Hospital,
{2} Ladsavangi Road, Karmad, Tq. Dist. Aurangabad.
Or C/o Vilas Dashrath Bhalekar, B204, Yashashri Residency, Kolhe Mala, Narayangaon, Tq. Junnar, District Pune.
Respondents Mr. M. K. Bhosale, advocate for the applicants Mr. S. D. Ghayal, APP for Respondent No.1.
Mrs. Uma S. Bhosale, advocate for Respondent No.2. CORAM : V. M. DESHPANDE AND SANDIPKUMAR C. MORE, JJ.
DATE: 21st April, 2022.
ORAL JUDGMENT (Per V. M. Deshpande, J.) :
Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. By this application under Section 482 of the Code of Criminal Procedure, the applicants are praying to quash First Information Report No. 0264/2021, dated 20.06.2021, registered with Karmad Police Station, Aurangabad (Rural), for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code.
Notices on this application are issued. In pursuance of
{3} the notice, Respondent No.2 - original complainant has caused her appearance through advocate Ms. Uma Bhosale. The applicants are represented by learned Counsel Shri Mahesh Bhosale. The State is represented by learned A. P. P. Shri Ghayal. Applicant No.1 Mahesh and Respondent No.2 Mayuri are doctors by profession. Applicants No. 2 to 6 are in-laws of Respondent No.2. During pendency of this application, charge sheet was also filed. It is stated by the learned Counsel for the applicants and learned Counsel for Respondent No.2 that the parties have settled their dispute amicably and they have filed Deed of Settlement, which is taken on record and marked Exhibit "X" for the purposes of identification.
Applicant No.1 and Respondent No.2 are personally present today in the Court. We have verified about the fact of settlement in between them. Respondent No.2 Dr. Mayuri has submitted that on her free will and volition, she has settled the dispute with applicants and she is not interested in prosecuting the First Information Report lodged by her.
Resultantly, we pass the following order:
{4} (i) Criminal Application is allowed.
(ii) The First Information Report No. 0264/2021 dated 20.06.2021, registered with Police Station Karmad, Aurangabad (Rural), for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, together with charge sheet and Criminal Case bearing RCC No. 2213 of 2021, pending on the file of learned Judicial Magistrate, First Class, Aurangabad, is hereby quashed and set aside. (iii) No costs.
(SANDIPKUMAR C. MORE) (V. M. DESHPANDE) JUDGE JUDGE adb