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Bombay High CourtAPPLN/3201/2024application allowed

Sandip Bharat Kekan And Others v. The State Of Maharashtra And Another

2025-08-11Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Sanjay A. Deshmukh4 pages

2025:BHC-AUG:23016-DB -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3201 OF 2024 1.

Sandip Bharat Kekan Age 35 years, Occ. Private-Job, R/o. Tuljabhavani, Ahmednagar Road, Kharadi, Chandan Nagar Pune 2.

Bharat Baburao Kekan Age 75 years, Occ. Agri., R/o. Jawalala, Tq. Patoda District Beed 3.

Sangita Brahmadev Khade Age 46 years, Occ. Household R/o. Tuljabhavani, Ahmednagar Road, Darga, Kharadi, Pune 4.

Surekha Kisandev Rakh, Age 40 years, Occ. Household R/o. Therla, Tal. Patoda District Beed 5.

Prayagbai Bharat Kekan, Age 70 years, Occ. Household R/o. Talegaon Dabhade, Tal. Mawal, District Pune 6.

Santosh Bharat Kekan Age 40 years, Private Job, R/o. Talegaon Dabhade, Tal. Mawal, District Pune 7.

Madhuri Santosh Kekan, Age 35 years, Occ. Household R/o. Talegaon Dabhade, Tal. Mawal, District Pune ...Applicants

Versus

1.

The State of Maharashtra

-2Through its Police Inspector Bardapur police station Tal. Ambajogai, District Beed 2.

Manisha Sandip Kekan Age 30 years, Occ. Household R/o. At present Gholapwadi, Tal. Ambejogai, District Beed

...Respondents

.....

Mr. C.V. Thombre, Advocate for the applicants Mr. P.S. Patil, A.P.P. for the respondent No.1 Ms. Rupali B. Gaikwad, advocate for respondent No.2. .....

CORAM : SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATED : 11th AUGUST, 2025 O R D E R (PER SANJAY A. DESHMUKH, J.) :- 1.

Heard learned advocates for the respective parties. 2.

This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") for quashing the criminal proceeding bearing R.C.C. No. 209 of 2023 pending before the Judicial Magistrate, First Class, Ambajogai, District Beed arising out of the F.I.R. vide C.R. No. 150 of 2022, dated 30.10.2022 registered with Ambajogai police station, district Beed for the offences punishable under Sections 498-A, 323, 504 and 506 r.w. 34 of the Indian Penal Code, 1860 (for short "the I.P.C.") 3.

Learned advocate for the applicants and respondent No.2

-3jointly submitted that during the pendency of this application, the parties have arrived at an amicable settlement and on their request, vide order dated 30.09.2024, the matter was sent for verification of the compromise pursis to the Registrar (Judicial) of this Court. The learned Registrar (Judicial), as per the order of this Court dated 30.09.2024, has submitted his report, stating that the recitals in the terms of compromise, which are stated on affidavits, are verified and found correct. The parties have admitted the contents of their compromise and the signatures on it, which is annexed with the report.

4.

In view of above and considering the compromise terms placed on record, the case is made out for exercise of our extraordinary powers under section 482 of the Cr.P.C. We are therefore, inclined to allow the application, in the interest of justice to prevent the abuse of the process of the Court. Hence, the following order:-

O R D E R

I.

The application stands allowed.

II.

The R.C.C. No. 209 of 2023 pending before the Judicial Magistrate, First Class, Ambajogai, District Beed arising out of

-4the F.I.R. vide C.R. No. 150 of 2022, dated 30.10.2022 registered with Ambajogai police station, district Beed, for the offences punishable under Sections 498-A, 323, 504, 506 r.w. 34 of the I.P.C. stand quashed and set aside against the applicants.

(SANJAY A. DESHMUKH, J.) (SMT. VIBHA KANKANWADI, J.) rlj/