Shashikala Prabhakar Ingle And Other v. The State Of Maharashtra And Another
2024:BHC-AUG:14349-DB crappln2745-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2745 OF 2024 Shashikala w/o. Prabhakar Ingle and ors.
..Applicants Vs.
The State of Maharashtra and anr.
..Respondents ---- Mr.N.T.Tribhuwan, Advocate for applicants Mr.V.K.Kotecha, APP for respondent no.1 Mr.S.B.Kendre and Mr.Pravin Kamble, Advocates for respondent no.2 ----
CORAM
:
R.G.AVACHAT AND NEERAJ P. DHOTE, JJ.
DATE :
JULY 11, 2024 ORDER :- This is an application for quashment of the FIR being Crime No.615 of 2021, registered with Kranti Chowk Police Station, Aurangabad, for the offences punishable under Sections 498-A, 323, 504 and 506 read with 34 of Indian Penal Code and the consequential Charge Sheet bearing No.R.C.C. No.212 of 2022, pending before learned Judicial Magistrate, First Class, Aurangabad. 2.
Applicant No.1 is mother-in-law and applicant nos.2 to 5 are sisters-in-law of respondent no.2 (informant); while applicant no.6 is husband of applicant no.5.
crappln2745-2024 3.
Learned counsel for the applicants submits that respondent no.2's husband died in COVID-2019. Now, respondent no.2 (informant) and the applicants have arrived at an amicable settlement and therefore, this application may be allowed. 4.
Issue notice to the respondents, returnable forthwith. Learned APP waives notice for respondent no.1 and Mr.S.B.Kendre, learned counsel, waives notice for respondent no.2. 5.
Learned counsel for both sides tender an afÏdavit, duly signed by respondent no.2 - informant and applicant no.1. The same is taken on record. Applicant no.1 and respondent no.2 are present in the court.
6.
We have perused the afÏdavit, in which following averments are made:- 3.
That, it is agreed between the parties that, as now both the Applicant no 1 Sashikala W/o Prabhakar Ingle and Respondent no 2 Sucita W/o Pradeep Ingle are residing with each other happily along with son and daughter, Respondent no 2 will not prosecute against family members, she undertakes that she shall not prosecute and she undertakes to give consent to quash FlR bearing its Crime No.615/2021 registered with the Police Station, Kranti Chowk, Aurangabad for an offence under Section 489A , 323, 504, 506, 34 of Indian Penal Code against Applicant no.1 to 6.
crappln2745-2024 4.
It is agreed between the parties they will withdraw all allegation made against each other unconditionally.
5.
Both the parties agree that, they would not file any civil and criminal cases against each other on the condition that neither of the parties would breach the terms of compromise.
7.
Learned APP opposes the application.
8.
Considering the nature of offence and since the parties have arrived at an amicable settlement, we exercise the powers under Section 482 of the Code of Criminal Procedure, so as to end the dispute.
9.
The application is allowed in terms of prayer clause (B) and disposed of.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] KBP