Amit Harisingh Rathod v. The State Of Maharashtra And Another

2024:BHC-AUG:14744-DB Cri.Appln.No.2494/2024 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2494 OF 2024 Amit Harissingh Rathod ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Ms. Kirti Ahuja with Mr. Ishan Kakkar, Advocates for applicant Mr. S.V. Hange, A.P.P. for State .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 15th JULY, 2024 O R D E R :

This is an application for quashing the F.I.R. bearing No.116/2018, registered with Upnagar Police Station, District Nandurbar for the offences punishable under Sections 498-A 315, 323, 504, 506 read with Section 34 of the Indian Penal Code and consequential criminal proceedings being Sessions Case No.6/2019, pending before the learned Additional Sessions Judge, Nandurbar.

2.

Learned Advocate for the applicant, who is appearing Online, submits that the applicant- husband and the

Cri.Appln.No.2494/2024 :: 2 ::

respondent No.2 - wife have settled the matter and they have filed at Exhibit D, the consent terms. She submits that, the parties approached the Family Court for decree of divorce by mutual consent, copy of which is annexed at Exhibit F. 3.

The applicant and respondent No.2 are also appearing Online before this Court. They confirmed their names and the contents of the consent terms.

4.

Learned A.P.P. strongly objects to allow the application.

5.

The offence arises out of the marital discord. Considering the above factual aspects, we proceed to pass the following order : -

O R D E R

(i) The Criminal Application is allowed in terms of prayer clause (ii).

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-