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Bombay High CourtAPPLN/2144/2020application allowed

Suvarna W/O Sanjay Avhad v. The State Of Maharashtra And Another

2023-03-21Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice M. M. Sathaye2 pages

994 CRAPP 2144 20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 994 CRIMINAL APPLICATION NO.2144 OF 2020 SUVARNA W/O SANJAY AVHAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. V.C. Valse h/f Mr. Patel Fayaz K. APP for Respondent No. 1 : Mr. S.D. Ghayal Advocate for Respondent No. 2 : Mr. R.D. Thorat h/f Mr. V.D. Gunale

CORAM

: MANGESH S. PATIL & M. M. SATHAYE, JJ.

DATE : 21.03.2023 PER COURT :

Heard.

2.

The applicant is seeking quashment of crime registered on the basis of the F.I.R. lodged by the respondent bearing Crime No. 158/2020, registered with Wadhvan Police Station Tq. Udgir, Dist. Latur for the offences punishable under Section 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code.

3.

The respondent No. 2 has appeared. Her learned advocate tenders across the Bar an affidavit in reply. She has specifically mentioned that the matrimonial dispute has been sorted out amicably between her and her husband. Her learned advocate submits that she is consenting for quashing of the crime albeit it is erroneously mentioned in the affidavit requesting to dispose of the application.

1/2

994 CRAPP 2144 20.odt 4.

Considering the nature of the dispute and the settlement arrived at between the couple, we allow the application and quash and set aside the Crime No. 158/2020, registered with Wadhvan Police Station Tq. Udgir, Dist. Latur for the offences punishable under Section 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code, apparently not being against the public policy to the extent of the applicant. (M. M. SATHAYE, J.) (MANGESH S. PATIL, J.) mkd/- 2/2