Vikrant S/O. Pralhad Udawant And Others v. The State Of Maharashtra And Another

68CA1759.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 68 CRIMINAL APPLICATION NO. 1759 OF 2021 VIKRANT S/O. PRALHAD UDAWANT AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Advocate for Applicants : M.P. Tripathi.

APP for Respondent No. 1 : Mr. Y.G. Gujrathi. Advocate for Respondent No. 2 : Mr. R.B. Narwade Patil h/f. Mr. U.B. Gite.

CORAM : SUNIL P. DESHMUKH AND NITIN B. SURYAWANSHI, JJ.

DATED : 06.09.2021 PER COURT :

1.

This application is filed for the relief of quashing of the FIR in Crime No. 19/2016, for the offences punishable under Sections 498A, 323 read with Section 34 of the Indian Penal Code, pursuant to which RCC No. 43/2016 is registered, which is pending before the learned Judicial Magistrate, First Class, Mantha, District Jalna. 2.

The matrimonial dispute is amicably settled by the applicant No. 1/husband and respondent No. 2/wife. They have started residing together and they have settled all their disputes. Affidavit to that effect is filed on record by the respondent No. 2.

68CA1759.21 3.

The parties are present in the Court today, they are identified by their respective advocates. The parties have confirmed that they have settled their matrimonial dispute. They further state that applicant No. 1/ husband and respondent No. 2/wife are happily staying together, separately from other applicants. 4.

Since the matrimonial dispute is amicably settled between the parties and since the husband and wife are staying together happily, the present application deserves to be allowed. Hence, we pass the following order :

5.

Criminal Application is allowed. The proceeding of RCC No. 43/2016, pending before the learned Judicial Magistrate, First Class, Mantha, District Jalna, for the offences punishable under Sections 498-A, 323 read with Section 34 of the Indian Penal Code, are hereby quashed and set aside.

( NITIN B. SURYAWANSHI, J. ) ( SUNIL P. DESHMUKH, J. ) S.P.C.