Panchshila Uttam Kamble And Others v. Police Station Officer, Police Station Chaoni, City Aurangabad
2024:BHC-AUG:28912-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 941 CRIMINAL APPLICATION NO. 2617 OF 2022 1.
Panchshila Uttam Kamble, Age : 29 Years, Occ. Housewife, R/o. C/o Uttamrao Kamble (In FIR mentioned as Panchshila Abhilash Gore) Police Station Road, Vasamath, District Hingoli.
2.
Rajeshwari Vilas Gore, Age : 50 Years, Occ. Housewife, 3.
Vilas Mahadu Gore, Age : 22 Years, Occ. Labour 4.
Abhay Vilas Gore, Age : 22 Years, Occ. Student 5.
Dipali Subhash Gore, Age : 40 Years, Occ. Housewife 6.
Vanshita Subhash Gore, Age : 22 Years, Occ. Student 7.
Abhilash Vilas Gore, Age : 32 Years, Occ. Service All resident Shastri Nagar, Purna Tq. Purna Dist. Parbhani.
..Applicants.
VERSUS
1.
Police Station Officer, Police Station Chavani City Aurangabad.
2.
Rohini Abhilash Gore, Age : 29 Years, Occ. Private Service, R/o. Tofkhana House No. 73, Chawani, Aurangabad.
.. Respondents
(2) t .....
Advocate for Applicants : Mr. Anand I Deshmukh APP for Respondent/State: Mr. A.D. Wange Advocate for Respondent No.2 : Me. Joslyn A Menezes ....
CORAM :
SMT. VIBHA KANKANWADI AND ROHIT. W. JOSHI, JJ.
DATED : DECEMBER 06, 2024 ORDER:- 1.
Present application has been filed for quashing the charge sheet bearing No. 116 of 2021 pending before the learned Judicial Magistrate First Class Aurangabad arising out of FIR vde C.R. No. 61 of 2021 registered with Cantonment (Chavani) Police Station, Aurangabad City on 18.02.2021 for the offences punishable under Sections 498-A, 494, 323, 504, 506 read with Section 34 of the Indian Penal Code.
2.
During the pendency of the proceeding it appears that applicant No.7 and respondent No.2 wife have entered into an agreement. The terms of the same were presented before the Family Court, Aurangabad and the petition which was pending for divorce, was then converted into a petition for divorce by mutual consent. By judgment and decree dated 14.10.2024, the said petition has been allowed and the decree of divorce has been granted. Now in the present application affidavit has been filed by respondent No.2 which contains the terms of settlement and therefore, this Court had asked the parties
(3) to appear before the learned Registrar (Judicial) i.e. which was prior to the passing of the decree by the Family Court. 3.
Accordingly now by report dated 04.10.2024, the learned Registrar (Judicial) confirms the contents as being confirmed by respondent No.2 and applicant No.7.
4.
Statement is made on behalf of respondent No.2 that all the terms have been satisfied and therefore respondent No.2 has no objection for quashing the F.I.R and the proceedings. Under the said circumstances, the application stands allowed. Hence following order :-
ORDER
(I) The application is allowed.
(II) The proceeding bearing Regular Criminal Case No. 2256 of 2021 pending before 11th learned Judicial Magistrate First Class, Aurangabad arising out of FIR vide C.R. No. 61 of 2021 registered with Cantonment (Chavani) Police Station Aurangabad for the offences punishable under Sections 498-A, 494, 323,504, 506 read with Section 34 of the Indian Penal Code stands quashed and set aside against all the applicants.
(ROHIT .W. JOSHI) (SMT. VIBHA KANKANWADI ) JUDGE JUDGE Y.S. Kulkarni