Sachin S/O. Shankarappa Mankal And Others v. The State Of Maharashtra And ANR

1 Cri.Appln. No. 2162/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 924.

CRIMINAL APPLICATION NO. 2162 OF 2019 1.

Sachin S/o Shankarappa Mankal, age 30 years occupation private service R/o at present- 322 Amrutha Value, D-Block Borewell Road, Nallurahalli Bangalore North Whitefield Bangalore, Karnataka - 560066 2.

Sumangala Shankarappa Mankal, age 55 years occupation household R/o as above 3.

Raghu Ganpat Sanga, age 39 years occupation Accountant R/o Hiralala Chowk, Beed near Ganpati Mandir, Burud Galli, Beed Dist. Beed.

4.

Snehal Raghu Sanga, age 35 years occupation household R/o as above. 5.

Vinay S/o Kisan Sangam, age 56 years occupation service R/o near Parachi Talim, 341 Mahatma Phule Peth, Ganjpeth, Pune 6.

Shailaja Suryakant Bogam, age 59 years occupation household R/o near Padmashali Bhavan, 341 Ganjpeth, Pune City, Swargate, Pune.

...Applicants

VERSUS

1.

The State of Maharashtra Through : Incharge Police Station Officer, Police Station, Beed City Taluka and Dist. Beed. 2.

Sneha W/o Sachin Mankal, age 23 years occupation household R/o at present Sahayog Nagar, Beed Taluka and Dist. Beed.

...Respondents

2 Cri.Appln. No. 2162/2019 Mr. Abhijeet V. Thombre, Advocate for applicants. Mr. K.B. Jadhavar, Addl. Public Prosecutor for Respt. No.1/State Mrs. S.P. Kakade, Advocate for respondent No.2 C ORAM : T.V. NALAWADE & SHRIKANT D. KULKARNI , JJ.

DATE : 19th September, 2020 ORAL JUGMENT : (PER : T.V. NALAWADE , J.) 1.

Rule. Rule made returnable forthwith. Heard finally by consent of parties for final disposal.

2.

Present proceeding is filed for the relief of quashing of the First Information Report No. 112 of 2019 registered with Beed (City) Police Station for offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and also for quashing of the case bearing Regular Criminal Case No. 242 of 2019 filed in this C.R., which is pending in the Court of the Judicial Magistrate F.C., Beed.

3.

The matter was referred to the Mediator as there is matrimonial dispute. There is report of the Mediator to the effect that the mediation became successful. The informant and the applicants have filed the compromise document which is signed by

3 Cri.Appln. No. 2162/2019 the informant/respondent No.2. The compromise document shows that they have decided to take divorce by mutual consent and the wife has no intention to give evidence against the present applicants. She has no objection to give the relief of quashing of the proceeding. The wife is represented by Advocate Smt. Kakade and she is present online. She admitted that such settlement has taken place. In view of these circumstances, this Court passes the following order.

O R D E R

(I) The application is allowed. The relief is granted of quashing of the first information report and the case filed in the F.I.R.

(II) Rule made absolute in those terms.

Sd/- Sd/- ( SHRIKANT D. KULKARNI ) ( T.V. NALAWADE ) JUDGE JUDGE Madkar