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Bombay High CourtAPPLN/1788/2021application allowed

Madhukar Shankar Pawar And Others v. The State Of Maharashtra And Another

2022-08-19Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rajesh S. Patil2 pages

906-CriAppln-1788-2021 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1788 OF 2021 MADHUKAR SHANKAR PAWAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Advocate for Applicants : Mr. G.G. Suryawanshi APP for Respondent No. 1 : Mr. A.M. Phule Advocate for Respondent No. 2 : Mr. H.I. Pathan CORAM : SMT. VIBHA KANKANWADI & RAJESH S. PATIL, JJ.

DATED : 19 AUGUST, 2022 PER COURT:- 1.

Parties have entered into compromise. The terms of settlement have been got verified through learned Registrar (Judicial) and he has submitted the report. The offence that was registered on the basis of the First Information Report that was lodged by respondent No. 2 registered under Section 498-A, 323, 506 read with 34 of the Indian Penal Code.

2.

By the terms of compromise, the applicant No. 1 and respondent No. 2 have decided to happily apart from each other and in view of the same, the respondent No. 2 has expressed that the FIR as well as the proceedings may be quashed and set aside. 3.

In view of the fact that there was matrimonial dispute and it has been settled between the parties, this would be a fit case when we should exercise our inherent powers of 482 of Code of

906-CriAppln-1788-2021 -2Criminal Procedure, as it would be a futile exercise to ask the applicants to face the trial when there is a compromise. 4.

Hence, the application stands allowed in terms of prayer clause 'B'.

[ RAJESH S. PATIL, J. ] [ SMT. VIBHA KANKANWADI, J. ] SPChauhan