Vitthal Shivsing Pakal And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:28226-DB 1 943 appln 2681-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 CRIMINAL APPLICATION NO. 2681 OF 2024 VITTHAL SHIVSING PAKAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. M. B. Sandanshiv h/f Mr. Shinde Siddharth Y., Advocate for Applicants Mr. N. S. Tekale, APP for Respondent-State Ms. Pooja Kishsor Apache, Advocate for Respondent No.2 (Appointed) ....

CORAM : SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.

DATED : 08/10/2025.

P. C. :

1.

By way of this application, the applicants seek quashing of FIR No. 0218 of 2024 for the offences punishable under Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code, registered on 13/06/2024 at Sillod (Rural) Police Station as well as the criminal proceedings arising therefrom, bearing RCC No. 219 of 2024, presently pending before the Court of the learned 2nd Judicial Magistrate (First Class), Sillod.

2.

After filing of the present application, a settlement has taken place between applicant No. 1 - husband and respondent No. 2 - wife. Both parties have filed a joint affidavit recording the terms of settlement. The contents of this settlement deed have been verified

2 943 appln 2681-24 by the learned Registrar (Judicial) of this Court in the presence of the rival parties. The said settlement deed is marked as "X" for identification.

3.

Upon perusal of the same, it appears that due to the efforts of relatives and other family members, applicant No. 1 - husband and respondent No. 2 - wife have amicably resolved their disputes and respondent No. 2 - wife is now residing with applicant No. 1 - husband since 01/06/2025. It further appears that she has undertaken to withdraw all the criminal proceedings initiated by her against the applicants, as mentioned in the settlement deed. 4.

In view of the above, it is evident that applicant No. 1 - husband and respondent No. 2 - wife have resumed cohabitation, and therefore, continuation of the criminal proceedings initiated by respondent No. 2 - wife would amount to an abuse of the process of law. Accordingly, the application is allowed and stands disposed of. 5.

FIR No. 0218 of 2024 dated 13/06/2024 registered with Sillod (Rural) Police Station, along with the criminal proceedings arising therefrom bearing RCC No. 219 of 2024, is hereby quashed and set aside.

3 943 appln 2681-24 6.

The fees of learned counsel appointed to represent respondent No.2 shall be quantified as per the rules and paid to her as expeditiously as possible.

( MEHROZ K. PATHAN, J.) ( SANDIPKUMAR C. MORE , J. ) VS Maind/-