Adesh Ramanlal Thole And Others v. The State Of Maharashtra And ANR

35CA2247.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CRIMINAL APPLICATION NO. 2247 OF 2020 ADESH RAMANLAL THOLE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Advocate for Applicants : Mr. R.G. Joshi.

APP for Respondent No. 1 : Mr. S.J. Salgare.

Advocate for Respondent No. 2 : Mr. D.U. Manwatkar h/f. Mr. S.S. Randive.

CORAM : SUNIL P. DESHMUKH AND NITIN B. SURYAWANSHI, JJ.

DATED : 06.09.2021 PER COURT :

1.

This application seeks quashing of RCC No. 201/2019, pending in the Court of learned Judicial Magistrate, First Class, Gangapur, District Aurangabad, for the offences punishable under Sections 498A, 504, 506 and 34 of the Indian Penal Code. 2.

During the pendency of the present application, the parties have amicably settled their matrimonial dispute and applicant No. 1/ husband and respondent No. 2/wife have jointly filed application No. F-171/2020, before the Family Court, Aurangabad, seeking divorce by mutual consent under Section 13 (b) of the Hindu Marriage Act, 1955. The compromise terms are reflected in the petition filed before

35CA2247.20 the Family Court. By filing joint affidavit, the parties have confirmed that their matrimonial dispute is amicably settled. 3.

The parties are present in the Court today, they are identified by their respective advocates. They confirmed that they have amicably settled their matrimonial dispute.

4.

In that view of the matter, Criminal Application No. 2247/2020 is allowed. The proceedings of RCC No. 201/2019, pending in the Court of learned Judicial Magistrate, First Class, Gangapur, District Aurangabad, for the offences punishable under Sections 498-A, 504, 506 and 34 of the Indian Penal Code, are hereby quashed and set aside.

( NITIN B. SURYAWANSHI, J. ) ( SUNIL P. DESHMUKH, J. ) S.P.C.