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Bombay High CourtAPPLN/2078/2020disposed off

Vilas Rupsing Adhe And Others v. The State Of Maharashtra And Others

2021-01-13Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice M. G. Sewlikar4 pages

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2078 OF 2020 1.

Vilas Rupsing Adhe Age 54 years, Occu. Agri., R/o. Malegaon Tanda, Tal. Jintur, Dist. Parbhani.

2.

Nirmala Vilas Adhe Age 50 years, Occu. Household, R/o. As above.

3.

Ananda Vilas Adhe, Age 29 years, Occu. Private Service, R/o. As above.

....Applicants.

Versus

1.

The State of Maharashtra Through, The Superintendent of Police, Parbhani, Dist. Parbhani.

2.

The In charge Investigation Ofcer, Police Station Jintur, Tal. Jintur, Dist. Parbhani.

3.

Preeti Ananda Adhe, Age 21 years, Occu. Household, R/o. Malegaon Tanda, Tal. Jintur, Dist. Parbhani.

At present Ganganagar, Jintur, Tal. Jintur, Dist. Parbhani.

....Respondents.

Mr. V.H. Pathade, Advocate for applicants.

Mr. G.O. Wattamwar, APP for respondent Nos. 1 and 2. Mr. S.J. Salunke, Advocate for respondent No. 3. WITH CRIMINAL APPLICATION NO. 2130 OF 2020 1.

Sopan s/o. Lalu Rathod Age 52 years, Occu. Service, R/o. Ganga Nagar, Jintur,

Tq. Jintur, Dist. Parbhani.

2.

Durgabai s/o. Sopan Rathod Age 44 years, Occu. Household, R/o. Ganga Nagar, Jintur, Tq. Jintur, Dist. Parbhani.

3.

Tushar s/o. Sopan Rathod Age 18 years, Occu. Education, R/o. Ganga Nagar, Jintur, Tq. Jintur, Dist. Parbhani.

....Applicants.

Versus

1.

The State of Maharashtra Through Police Station Ofcer, Police Station, Jintur, Tq. Jintur, Dist. Parbhani.

2.

Ananda s/o. Vilas Aadhe, Age 29 years, Occu. Private Service, Narhegaon, Pune, at Present R/o. Malegaon Tanda, Tq. Jintur, Dist. Parbhani.

....Respondents.

Mr. S.J. Salunke, Advocate for applicants.

Mr. G.O. Wattamwar, APP for respondent/State. Mr. V.H. Pathade, Advocate for respondent No. 2. CORAM : T.V. NALAWADE AND M.G. SEWLIKAR, JJ.

DATED : 13/01/2021.

JUDGMENT : [PER T.V. NALAWADE, J.] 1) Rule. Rule made returnable forthwith. By consent, heard both the sides for fnal disposal.

2) Criminal Application No. 2078/2020 is fled for relief of quashing of F.I.R. No. 356/2020 registered in Jintur Police Station,

Parbhani for ofences punishable under sections 354-A, 323 and 34 of Indian Penal Code. This Court has carefully gone through the nature of allegations made by informant against the applicants of this proceeding.

3) Criminal Application No.2130/2020 is fled for relief of quashing of F.I.R. No. 349/2020 which is registered in the same police station for ofences punishable under sections 328, 323, 506 and 34 of I.P.C. In this matter also, this Court has gone through the nature of allegations. The informant of the two matters are husband and wife. In view of the nature of allegations, it can be said that it is a family dispute.

4) During arguments the learned counsels of the applicants of the two proceedings submitted that parties have settled the dispute and afdavits of informants are fled in both the matters to that efect. This Court has gone through the afdavits. They have mentioned the relationship and they have mentioned that they have settled the matters and they want to live peaceful life by settling the dispute. They have given no objection for giving reliefs claimed in the matters. In view of these circumstances, following order.

O R D E R

I.

Both the proceedings are allowed.

II.

In Criminal Application No.2078/2020 relief is granted

in terms of prayer clause 'A' and in Criminal Application No.2130/2020 relief is granted in terms of prayer clause 'C' Rule is made absolute in those terms.

[ M.G. SEWLIKAR, J.] [T.V. NALAWADE, J.] ssc/