Sachin Pandurang Bille And Another v. The State Of Maharashtra And Another
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3390 OF 2014 01 Savita w/o Hanumansing Pardeshi, age: 53 years, Occ: Household, 02 Yogita d/o Hanumansing Pardeshi, age: 26 years, Occ: Education, 03 Hanumansing Bapusing Pardeshi, age: 58 years, Occ: Nil.
All R/o Kokan Nagar, Opp: Navjeevan Chali, R.C.C. Road, Chembur, Mumbai-74.
Applicants
Versus
01 The State of Maharashtra, through the Investigation Officer, Kotwali Police Station, Ahmednagar, District Ahmednagar.
02 Manshi w/o Rakesh Pardeshi, age: 28 years, Occ: service, R/o C/o Pratapsing Ramsing Pardeshi, Kharatmal Niwas, Smruti Housing Society, Agarkar Mala, Station Road, Ahmednagar, District Ahmednagar.
Respondents Respondents WITH CRIMINAL APPLICATION NO.4153 OF 2014 01 Sachin s/o Pandurang Bille, age: 30 years, Occ: Doctor, 02 Rani w/o Sachin Bille, age: 27 years, Occ: Household, Both R/o Belewadi (Hubalni), Tq.Azara, District Kolhapur.
{2}
Versus
01 The State of Maharashtra, through the Investigation Officer, Kotwali Police Station, Ahmednagar, District Ahmednagar.
02 Manshi w/o Rakesh Pardeshi, age: 28 years, Occ: service, R/o C/o Pratapsing Ramsing Pardeshi, Kharatmal Niwas, Smruti Housing Society, Agarkar Mala, Station Road, Ahmednagar, District Ahmednagar.
Respondents Mr.D.A.Bide, advocate for applicants.
Mr.K.S.Patil, A.P.P. for Respondent No.1.
Mr.V.P.Narwade, advocate for Respondent No.2. CORAM : R.M.BORDE & K.L.WADANE, JJ.
DATE : 11th April, 2016 PER COURT:
Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. These Criminal Applications are presented by the accused involved in connection with RTC Case No.192 of 2014. The criminal proceedings are initiated pursuant to First Information Report lodged by Respondent-wife bearing Crime No.I276/2013 dated 10.05.2013, registered with Kotwali Police Station, Ahmednagar, for offences punishable under Sections 498A, 406, 420, 323, 504, 506 read with Section 34 of the Indian Penal Code.
{3} Both the Criminal Applications were referred to the Mediator. The mediation process yielded result and both the parties have decided to settle their matrimonial dispute amicably. The terms of settlement arrived at during mediation process have been presented on record.
The husband and wife have decided to move joint application seeking divorce by mutual consent under Section 13(1) (b) of the Hindu Marriage Act and it is stated that an application, in that respect, has been tendered to the Court. Initially, the husband agreed to pay permanent alimony to the tune of Rs.10,40,000/- to the wife in two instalments, however, during intervening period, parties have agreed on the figure of permanent alimony to the tune of Rs.5,00,000/-. It is informed that husband has already deposited an amount of Rs.5,00,000/- in the Court of Civil Judge, Senior Division, Ahmednagar. It is also agreed during mediation process by the wife Manasi that she would not press charges levelled against the accused.
In view of the understanding arrived at between the parties, it is unnecessary to continue with the criminal proceedings initiated at the instance of Respondent wife. In view of various pronouncements of the Supreme Court, Criminal Proceedings bearing RTC Case No.192 of 2014, pursuant to First Information Report lodged by Respondent-wife bearing Crime No.I276/2013 dated 10.05.2013, registered with Kotwali Police Station, Ahmednagar, for offences punishable under Sections 498A, 406,
{4} 420, 323, 504, 506 read with Section 34 of the Indian Penal Code, stands quashed and set aside. It is also settled between the parties that Crime No.I-152/2014, registered at Chembur Police Station, at the instance of husband against father of wife Manasi would not be pressed and the proceedings would be abandoned. Rule is accordingly made absolute.
K.L.WADANE R.M.BORDE JUDGE JUDGE adb/crappln339014