Ankit Surendra Kumar Mongia And Others v. Neha W/O. Ankit Mongia

(1) 938 Criappln-2008.2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 938 CRIMINAL APPLICATION NO.2008 OF 2021 ANKIT SURENDRA KUMAR MONGIA AND OTHERS

VERSUS

NEHA W/O. ANKIT MONGIA ...

Mrs. U.T. Pathan, Advocate holding for Mr. T.W. Pathan, Advocate for the applicants. Mr. M.M.Nerlikar, A.P.P. for respondent No. 1. Mr. Y.M. Khan, Advocate for respondent no. 2. ...

CORAM :

SUNIL P. DESHMUKH AND N.B. SURYAWANSHI, JJ.

DATE :

21-09-2021.

ORDER :

1.

This application filed by the husband and in-laws of respondent No. 2 / informant seeks quashing of F.I.R. in Crime No.0095/2020 registered with Bhagya Nagar Police Station, Nanded for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code. 2.

The F.I.R. in question was lodged by respondent No.2 - wife alleging ill-treatment at the hands of the applicants. 3.

During pendency of the present application, the parties have amicably settled the dispute. The consent terms are placed on record at Exhibit-B.

4.

Applicant No.1 - husband and respondent No. 2 - wife are present before the Court. They have confirmed the settlement of their matrimonial dispute. They are identified by their respective

(2) 938 Criappln-2008.2021.odt Advocates. They have additionally filed consent deed which is taken on record and marked 'X' for identification. As per the consent deed, the parties have decided to part their ways by converting their divorce petition No.PA-52/2020 into a matter under Section 13-B of the Hindu Marriage Act. As per the settlement, an amount of Rs. 14,00,000/- is settled as payment towards permanent alimony of respondent No. 2. Today a demand draft of Rs. 5,00,000/- drawn on Indian Bank dated 17-09-2021 is handed over by applicant No.1 - husband to respondent No. 2 - wife. Learned Advocate for respondent No.2 submits that an amount of Rs.4,00,000/- is already received by respondent No. 2 and after divorce decree is passed, respondent No.2 will be receiving further Rs. 5,00,000/-. 4.

Taking into consideration the amicable settlement of the matrimonial dispute between the parties, we allow the criminal application in terms of prayer clause "B".

5.

The Criminal Application is disposed of accordingly. (N.B. SURYAWANSHI, J.) (SUNIL P. DESHMUKH, J.) VD_Dhirde