Kiran S/O. Dehade And Others v. The State Of Maharashtra And ANR

(Judgment) (1) Cri. Appln. No. 02221 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 02221 of 2018 District : Aurangabad 1.

Kiran Prakash Dehade, Age : 31 years, Occupation : Service, R/o. 156/4, Shrikrishna Housing Society, T.V. Center, CIDCO, Aurangabad.

2.

Prakash Nathaji Dehade, Age : 57 years, Occupation : Service, R/o. Kirti Society, N-8, CIDCO, Aurangabad.

3.

Panchshila Prakash Dehade, Age : 52 years, Occupation : Household, R/o. Kirti Society, N-8, CIDCO, Aurangabad.

4.

Sujata Milind Sable, Age : 34 years, Occupation : Household, R/o. Avishkar Colony, N-6, HUDCO, Aurangabad.

5.

Sidharth Manohar Borde, Age : 37 years, Occupation : Labour, R/o. Ekta Nagar, Jatwada, Aurangabad.

6.

Sunita Sidhanath Borde, Age : 28 years, Occupation : Household, R/o. Ekta Nagar, Jatwada, Aurangabad.

... Contd.

(Judgment) (2) Cri. Appln. No. 02221 of 2018 7.

Deepak Nathaji Dehade, Age : 47 years, Occupation : Business, R/o. Shrikrushna Housing Society, T.V. Center, Aurangabad.

8.

Vaijayantimala Deepak Dehade, Age : 40 years, Occupation : Household, R/o. Shrikrushna Housing Society, T.V. Center, Aurangabad.

9.

Chababai @ Kamal Suresh Gawale, Age : 52 years, Occupation : Household, R/o. Behind Bibika Makbara, Aurangabad.

.. Applicants

10. Suresh Suppad Gawale, Age : 58 years, Occupation : Service, R/o. Behind Bibika Makbara, Aurangabad.

11. Babanbai Bhikaji Gaikwad, Age : 54 years, Occupation : Household, R/o. Jaybhim Nagar, Town Hall, Aurangabad.

versus 1.

The State of Maharashtra, through Inspector of Police, CIDCO Police Station, Taluka & Dist. Aurangabad.

2.

Swati w/o. Kiran Dehade, Age : 29 years, Occupation : Govt. Servant, .. Respondents.

R/o. C/o. Sangita Rajendra Bhivsane, House No.8, Pratapgad Nagar, N-9, Near Baliram Patil High School, Aurangabad.

(Judgment) (3) Cri. Appln. No. 02221 of 2018 ...........

Mr. M.S. Karad & Mr. A.S. Bangar, Advocates, for the applicants.

Mr. M.M. Nerlikar, Additional Public Prosecutor, for respondent no.01.

Mr. Arun Shejul, Advocate, for respondent no.02. ...........

CORAM : T.V. NALAWADE & SMT. VIBHA KANKANWADI,JJ.

DATE : 05TH OCTOBER 2018 ORAL JUDGMENT [Per Court] :

01.

Rule. Rule made returnable forthwith. By consent, heard finally.

02.

By the present application filed under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused are praying for quashment of proceedings in Sessions Case No. 49 of 2017, pending before Additional Sessions Judge, Aurangabad, and the first information report in Crime No.I-251/2014, registered at CIDCO Police Station, Aurangabad, under Sections 307, 498A, 342, 323, 504, 506, read with Section 34 of the Indian Penal Code.

03.

During arguments, learned Advocate for the applicants and the learned Advocate for respondent

(Judgment) (4) Cri. Appln. No. 02221 of 2018 no.02 - first informant submitted that the parties have settled the dispute. Today, affidavit of the first informant came to be filed in which she has mentioned that she has settled the dispute and steps are also taken to dissolve the marriage. The husband has agreed to give some amount to her and also return the ornaments.

04.

The submissions made show that the first informant has joined service as Sales Tax Inspector and she has no intention to give evidence against the applicants in view of the settlement which has taken place.

This Court has seen injury certificate and also photograph when she had gone to give the FIR. Though injuries were minor, those were on face.

05.

In view of the aforesaid circumstances, this Court holds that nothing can be achieved by allowing the proceedings to go ahead.

06.

Hence, the following order :- (a) The application is allowed.

(b) The proceedings in Sessions Case No. 49 of 2017, pending before Additional Sessions Judge, Aurangabad, and the first information report in Crime No.I-251/2014, registered at CIDCO Police

(Judgment) (5) Cri. Appln. No. 02221 of 2018 Station, Aurangabad, under Sections 307, 498A, 342, 323, 504, 506, read with Section 34 of the Indian Penal Code, are quashed and set aside.

(c) Rule made absolute in the above terms.

( Smt. Vibha Kankanwadi ) ( T.V. Nalawade ) JUDGE JUDGE ...........

puranik / CRIAPPLN2221.18