Kalpesh Uddhav Ahire And Others v. The State Of Maharashtra And Another

cran2086.23 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2086 OF 2023 Kalpesh Uddhav Ahire and others ...Applicants versus The State of Maharashtra and another

...Respondents

.....

Mr. Kshitij H. Surve, advocate for the applicants Mr. R.B. Bagul, A.P.P. for respondent No.1 Mr. R.L. Brahmankar and Ms. Sonali Somwanshi, advocate for respondent No.2.

.....

CORAM : R. G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 16th JUNE, 2023.

ORDER (PER: SANJAY A. DESHMUKH, J.):- 1.

Heard the learned advocates for the respective parties. 2.

This is an application filed under Section 482 of Cr. P. C. for quashing of F.I.R. No. 352 of 2022, registered with M.I.D.C. Police Station, CIDCO Aurangabad, for the offences punishable under Sections 3 and 4 of Dowry Prohibition Act, 1961 and Sections 323, 498-A, 504, 506 r.w. 34 of I.P.C. and the consequential proceedings bearing R.C.C. No. 519 of 2023 pending before the Vth Joint J.M.F.C. Aurangabad, on the ground of compromise arrived at between the parties.

cran2086.23 -23.

The learned advocates for the respective sides pointed out that the compromise has taken place between the applicants and the respondent No.2-informant. The informant is residing separately from the applicants since 04.06.2022. The informant has also filed affidavit to that effect, contending that the applicants and the informant have decided to end all their ongoing litigation by dissolving their marriage. Therefore, they have entered into a compromise before the learned Family Court at Aurangabad. The affidavit filed by the respondent No.2-informant is tendered across the bar, which is taken on record and marked as "X" for identification.

4.

Considering the facts and circumstances of the case and the averments in the affidavit filed by the informant contending that the compromise has been taken place between the parties, this is a fit case to quash the F.I.R. on the ground of settlement arrived at between the parties.

5.

In view of the above, the criminal application is allowed in terms of prayer clause "B". No costs.

(SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.) rlj/