Hanumant S/O. Ankush Dhole And ANR v. The State Of Maharashtra And ANR

1 Application 1740 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Criminal Application No.1740 of 2018 1) Hanumant s/o Ankush Dhole, Age 36 years, Occu : Service, R/o Lakdi, Taluka Indapur, District Pune.

2) Ankush s/o Sarjerao Dhole, Age 67 years,Occu : Agriculture, R/o As above.

.. Applicants.

Versus

1) The State of Maharashtra Through Cidco Police Station Aurangabad.

2) Bhagyashree w/o Hanumant Dhole, Age 26 years, Occupation : Housewife, R/o Lakdi, Taluka Indapur, District Pune.

.. Respondents.

---- Shri. K.A. Ingale, Advocate, for applicants. Mrs. D.S. Jape, Additional Public Prosecutor, for respondent No.1.

Shri. D.S. Jadhav, Advocate, for respondent No.2. ---- Coram: T.V. NALAWADE & K.L. WADANE, JJ.

Date: 24 JULY 2018 ORAL JUDGMENT :

1) Rule. rule made returnable forth. Learned APP waives for the State. Learned counsel Shri. Jadhav waives

2 Application 1740 of 2018 for first informant. By consent heard all the sides for final disposal.

2) The proceeding is filed under section 482 of the Code of Criminal Procedure for quashing of proceeding of R.C.C. No.90/2014 presently pending before the Judicial Magistrate, First Class, Aurangabad and the case is filed by police for offences punishable under sections 498-A, 323, 504, 34 of Indian Penal Code against the present applicants. F.I.R. was given by respondent No.2. Today, affidavit of respondent No.2 is filed which is to the effect that the parties have settled the dispute out of court. She has given consent to grant the relief claimed by the applicants in the present proceeding. Respondent No.2 is identified by learned counsel and the contents are verified. In view of these circumstances and as the dispute is of matrimonial nature, the relief needs to be granted. The application is allowed. Relief is granted in terms of prayer clause (C). Rule is made absolute in those terms. Sd/- Sd/- (K.L. WADANE, J.) (T.V. NALAWADE, J.) rsl