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Bombay High CourtAPPLN/1531/2021application allowed

Prasannasheel Vishnupant Bhagat And Others v. The State Of Maharashtra And Another

2021-09-02Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice N. B. Suryawanshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1531 OF 2021 Prasannasheel s/o Vishnupant Bhagat and others Applicants

Versus

The State of Maharashtra & another Respondents Mr. Kshiti H. Surve, advocate for the applicants Mr. S. J. Salgare, APP, for Respondent No.1. Mr. K. M. Nagarkar, advocate for Respondent No.2. CORAM : SUNIL P. DESHMUKH & NITIN B. SURYAWANSHI, JJ.

DATE : 02nd September, 2021.

PC :

1.

This application is fled seeking quashing of the First Information Report at Cr.No.0061/2017, registered with Jawaharnagar Police Station, Aurangabad, for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 34 of the Indian Penal Code.

2.

Respondent No.2 is the wife of applicant no.1 and applicants no.2 to 5 are close relatives of applicant no.1.

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During the pendency of present proceedings, the parties have arrived at a settlement and in MCA No.47/2018, pending in this Court, a joint affdavit/compromise was fled, by which the parties have amicably settled their matrimonial dispute and they have agreed to withdraw all the pending cases fled against each other. The compromise is already acted upon. An affdavit of Respondent No.2 also confrms the settlement. 4.

Taking into consideration that this is a matrimonial dispute and the parties have amicably settled it, we allow the present application and quash and set aside the proceedings of RCC No.1017/2017, pending in the Court of learned Judicial Magistrate, First Class, Pimpri, Pune.

(NITIN B. SURYAWANSHI) (SUNIL P. DESHMUKH) JUDGE JUDGE adb