Santosh S/O Kundlik Jogdand And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:20988-DB 915-WP-914-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 914 OF 2023 Santosh Kundlik Jogdand and Others ..PETITIONERS

VERSUS

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

Mr. U.P.A.Q. Sayyed, Advocate h/f Mr. K.N. Shermale, Advocate for petitioners Mr. S.D. Ghayal, Addl.P.P. for respondent no.1 - State Mr. A.E. Madne, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 06th SEPTEMBER, 2024 PER COURT :

1.

This is an application, under Section 482 of Code of Criminal Procedure, for quashing of the F.I.R., being Crime No. 384 of 2022 registered with Renapur Police Station, Udgir and consequential proceeding, R.C.C. No. 39 of 2023.

2.

The crime was registered against the petitioners for the offences punishable under Sections 498-A, 324, 323, 504 and 506 read with Section 34 of the Indian Penal Code on the report lodged by Respondent No.2, who is the wife of Petitioner No.1.

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915-WP-914-23.odt 3.

Learned counsel for the petitioner and Respondent No.2 submits that the crime arose out of a matrimonial discord and now the parties have amicably settled the same and they are now reunited and decided to co-habit. Affidavit of Respondent No.2 is placed on record in which she gives consent for quashing of the F.I.R. and consequential proceedings. 4.

In view of above, criminal writ petition is allowed in terms of prayer clause (B). We quantify the fee of Mr. A.E. Madne, learned counsel appointed to represent Respondent No.2, to Rs.6,000/- (Rupees Six Thousand) to be paid by High Court Legal Sevices Sub-committee, Aurangabad.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2