Kailas Mohan Bhadane And Others v. The State Of Maharashtra And Another
2024:BHC-AUG:20063-DB cran 2598.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 990 CRIMINAL APPLICATION NO. 2598 OF 2024 Kailas Mohan Bhadane And Others
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. N V Dhake APP for Respondents : Ms R.P Gour Advocate for respondent no.2 : Mr. P. P. Jadhav CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ.
Dated : August 29, 2024 PER COURT :- 1.
Present application has been filed for quashing the FIR vide Cr. No.128 of 2024 registered with Jilha Peth Police Station, District Jalgaon on 24.4.2024 by the present respondent no.2 against the applicants for the offence punishable under section 498-A, 323, 504 r/w 34 of the Indian Penal Code.
2.
Learned advocate appearing for the applicants undertakes that he would remove office objections forthwith. 3.
Learned advocate Mr. Jadhav submits that he has instructions to appear for respondent no.2. He files affidavit on behalf of respondent no.2, wherein, it is stated that there is compromise between herself and applicants. She says that she is residing with her husband and daughter now and they are happily residing.
cran 2598.24.odt 4.
Respondent no.2 is present before this Court. We have made inquiry with her. She says that applicant no.1 is now looking after her properly. She has no objection for quashing the FIR.
5.
Taking into consideration the fact that this is a matrimonial dispute, the wife and husband are residing happily and also a fact that their daughter is getting love and affection of the parents; then, this would be a fit case where we are exercising our inherent powers. Hence, the application stands allowed and disposed of. The FIR bearing crime no.128 of 2024 registered with Jilha Peth Police Station, District Jalgaon on 24.4.2024 for the offence punishable under sections 498-A, 323, 504 r/w 34 of the Indian Penal Code stands quashed and set aside as against the applicant nos.1Kailas s/o. Mohan Bhadane, 2-Kamalbai w/o. Mohan Bhadane, 3-Vilas s/o. Mohan Bhadane, 4-Aparna w/o. Vilas Bhadane and 5- Varsha w/o Sanjay Jadhav.
( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ...
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