Namdev Madhavrao Gholve And Others v. The State Of Maharashtra And ANR

CrWp 861 18J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO. 861 OF 2018 1) Namdeo Madhavrao Gholve, Age 65 years, , Occ. Retired, R/o. Shivneri Colony, N-9, CIDCO, Aurangabad.

2) Smt. Chandrabhagabai Namdeo Gholve, Age 52 years, Occ. Retired, R/o. Shivneri Colony, N-9, CIDCO, Aurangabad.

3) Vaibhav s/o Namdeo Gholve, Age 28 years, Occ. Pvt. Service, R/o. Shivneri Colony, N-9, CIDCO, Aurangabad.

...

Applicants (Original Accused) VERSUS.

1) The State of Maharashtra, Through Police Inspector, Police Station CIDCO, Tq. & Dist. Aurangabad.

2) Savitri Karbhari Nagre, Age 40 years, Occ., Housewife, R/o. Plot No. 51, Shiveshwar Colony, Opp. Maruti Temple, Mayur Park, Harsul T Point, Aurangabad.

... Respondents.

(Respondent No. 2 is Orig. Complainant) ...

Advocate for Applicants : Mr. Dahale Ganesh Suryakant. APP for Respondent No. 1 : Mr. S. J. Salgare. Advocate for Respondent No. 2 : Mr. U.S. Patil. Mkd 1/2

CrWp 861 18J.odt CORAM : T.V. NALAWADE & K. L. WADANE, JJ.

DATE :

25th JULY, 2018 JUDGMENT ( PER COURT : T.V. NALAWADE) :

1.

Rule. Rule made returnable forthwith.

2.

By consent heard both sides for final disposal. 3.

Application is filed under Article 226 of Constitution of India and also under section 482 of the Code of Criminal Procedure for relief of quashing of first information report No. 130 dated 22.04.2018 registered in CIDCO police station, Aurangabad, for the offences punishable under section 354, 354-A, 294(b), 323, 504, 506 read with section 34 of the Indian Penal Code.

4.

Both sides are heard. Today learned counsel for respondent no. 2 Savitribai Karbhari Nagre produced on record reply affidavit, in which, respondent No. 2/first informant has contended that there is now no dispute between parties and she has given consent for granting the relief to the applicants/accused of the crime. 5.

In view of the nature of allegations made and the contents of the affidavit filed for informing the settlement, this Court hold that relief needs to be granted. In the result, the application is allowed. Relief is granted in terms of prayer clause 'B'. Rule made absolute in those terms. 6.

Criminal application is disposed of.

(K. L. WADANE, J.) (T.V. NALAWADE, J.) Mkd 2/2