Gajanan Namdeo Gholve And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2056 OF 2018

1. Gajanan Namdeo Gholve Age: 31 years, Occ. Service R/o: N-9, CIDCO Aurangabad.

2. Ashwini Prabhakar Andhale Age: 28 years, Occ. Household R/o: Shivneri Colony, Mumbai.

...Applicants

VERSUS

1. The State of Maharashtra (Copy to be served on Public Prosecutor of High Court of Bombay bench at Aurangabad)

2. Manisha w/o Gajanan Gholve Age: 25 years, Occu: Service R/o: N-9, CIDCO Aurangabad.

...Respondents

...

Advocate for Applicants : Mr. S.N. Dudhate APP for Respondents/State: Mr. S.J. Salgare Advocate for Respondent No.2 : Mr. G.A. Kulkarni ...

CORAM

:

T.V. NALAWADE & K. L. WADANE, JJ.

DATE :

27thJuly, 2018

ORAL JUDGMENT (PER T.V. NALAWADE, J.):

1.

Rule. Rule made returnable forthwith.

2.

Heard by consent of both the parties finally. 3.

The proceeding is filed under Section 482 of Criminal Procefure Code for relief of quashing of Crime No.662/2017 registered with Cidco Police Station, Aurangabad for the offences punishable under Section 498(A), 323, 504, 506 read with Section 34 of the Indian Penal Code and under Section 3 and 4 of Dowry Prohibition Act. 4.

During the arguments, the learned counsel for respondent No.2first informant submitted that the respondent No.2-first informant has settled the dispute with the applicant. It was submitted that proceeding for mutual divorce is filed by the parties before the Family Court and still pending. Seen the contents of the reply affidavit of respondent No.2. Considering the nature of dispute and the terms of settlement this Court holds that the relief needs to be given to the present applicant. The application is allowed. Relief is granted in terms of prayer clause 'B'. Rule made absolute in those terms.

(K. L. WADANE, J.) (T.V. NALAWADE, J.) Sameer