Manisha W/O. Gajanan Gholve And Others v. The State Of Maharashtra And ANR

1 CrWP 870 18J

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 870 OF 2018.

1.

Manisha w/o Gajanan Gholve, Age 25 years, Occ. Household.

2.

Karbhari s/o Sandu Nagre, Age 48 years, Occ. Service.

3.

Shubham s/o Karbhari Nagre, Age 21 years, Occ. Student.

4.

Savitribai w/o Karbhari Nagre, Age 40 years, occ. Household.

R/o. Aditya Nagar, Plot No. 51, Harsul 'T' point, Aurangabad, Tq. & Dist. Aurangabad.

... Petitioners (Ori. Accused)

VERSUS

1.

The State of Maharashtra.

2.

Chandrabhagabai w/o Namdeo Gholve, Age 53 years, Occu. Household, R/o. A9, Shivneri Colony, Plot No. 22/3, 22/4, CIDCO, Aurangabad.

Tq. Soygaon, Dist. Aurangabad.

...

Respondents (Respondent No. 2 is original informant) ...

Advocate for Applicant : Mr. Patil Ujwal Subhash. APP for respondent No. 1/State : Mr. S.J. Salgare. Advocate for Respondent No. 2 : Mr. G.S. Dahale.

CORAM

:

T.V. NALAWADE & K. L. WADANE, JJ.

DATE :

19th JULY, 2018.

1/3

2 CrWP 870 18J JUDGMENT ( PER : T.V. NALAWADE, J.) 1.

Rule. Rule made returnable forthwith.

2.

Notice waives by respondents, including learned counsel for first informant/respondent no. 2. Learned APP is ready with the papers of investigation.

3.

By consent heard both the sides. It is submitted by both sides that the first informant and petitioners have settled their dispute and the parties have submitted that the relationship between the first informant and applicant No. 1 is daughter-in-law and mother-in-law (between petitioner No. 1 and first informant). 4.

The crime is registered for the offences punishable under section 452, 354, 354-A, etc of the Indian Penal Code. The terms of settlement which can be found in the affidavit filed by the first informant show that the parties have settled the dispute. Under the provision of Section 482 of the Code of Criminal Procedure prayer is made for quashing of first information report No. 131/2008 registered with CIDCO police station, District Aurangabad for aforesaid offences. 2/3

3 CrWP 870 18J 5.

In view of relationship between parties, nature of allegations and the terms of settlement, this Court hold that relief needs to be granted. Petition is allowed. Relief is granted in terms of prayer clause 'C'. Criminal Writ Petition is disposed of. (K. L. WADANE, J.) (T.V.NALAWADE, J.) mkd 3/3