Kaustubh Kishor Kulkarni And Others v. The State Of Maharashtra And Another

{1} criapln1685-21 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1685 OF 2021 Kaustubh s/o Kishor Kulkarni and Others APPLICANTS

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. R. L. Jakhade h/f Mr. S. A. Kulkarni, Advocate for applicants Mrs. P. V. Diggikar, APP for respondent - State Ms. S. S. Auti, Advocate for respondent No.2 .......

[CORAM : SUNIL P. DESHMUKH AND NITIN B. SURYAWANSHI, JJ.] DATE : 7 th SEPTEMBER, 2021 ORDER :

1.

This application seeks relief of quashing of first information report lodged by respondent No. 2, on the basis of which Crime No. 88 of 2019 has been registered with Jawahar Nagar Police Station, Aurangabad for the offence punishable under sections 498-A, 323, 504, 506, 354, 354-A read with section 34 of the Indian Penal Code.

2.

During the pendency of the proceedings, the parties have amicably settled matrimonial dispute and applicant No. 1 and respondent No. 2 have obtained divorce by mutual consent, by

{2} criapln1685-21 filing proceedings before family court.

3.

In view of amicable settlement of dispute between the parties, the informant - respondent No. 2 has filed an affidavit stating that she does not wish to continue with the prosecution of the crime has no objection if the proceeding are quashed. 4.

Since matrimonial dispute between the parties is amicably settled and the informant does not wish to continue with prosecution of the crime, it will be in the interest of justice to allow the criminal application.

5.

Criminal application, as such, stands allowed in terms of prayer clause "B" and is disposed of.

[NITIN B. SURYAWANSHI] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/criapln1685-21