Vaibhav Sharadrao Ghodake And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:29894-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

901 CRIMINAL APPLICATION NO. 2747 OF 2023 1.

Vaibhav Sharadrao Ghodake Age: 30 years, Occ : Doctor, 2.

Sharadrao Kacharu Ghodake Age : 50 years, Occ : Agri., 3.

Mangal Sharadrao Ghodake Age : 45 years, Occ : Household, Applicant Nos.1 to 3 are R/o Sushti, Tq. Partur, Dist. Jalna.

4.

Sujata Amol Waykos R/o at Ramnagar, Post. Hadap, Savargaon, Ramnagar, Jalna, Tq. & Dist. Jalna.

..APPLICANTS -VERSUS1.

The State of Maharashtra Through Police Station, Bhoom Police Station, Dist. Usmanabad Tq. Bhoom, Dist. Usmanabad.

2.

Snehal Vaibhav Ghodake Age : 25 years, Occ : Household, At present R/o at Pathrud, Tq. Bhoom, Dist. Osmanabad.

..RESPONDENTS ...

Advocate for Applicants : Mr.Mahesh K. Sana h/f Ms.Sunita G. Sonawane APP for Respondent-State : Mr. A.M. Phule Advocate for Respondent No.2 : Mr. S.V. Deshmukh ...

CORAM : SMT. VIBHA KANKANWADI AND ROHIT W.JOSHI, JJ.

DATE :

14th DECEMBER, 2024.

P.C.:

.

Applicant No.1 and respondent No.2 are the husband and wife. Present application has been filed for quashment of F.I.R. vide C.R. No.154/2023 dated 15.06.2023 and by way of amendment for quashment of the proceedings bearing Regular Criminal Case No.91/2023 pending before the learned Joint Civil Judge, Junior Division and Judicial Magistrate, First Class, Bhoom, Dist.Osmanabad, for the offence punishable under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code.

2.

The husband and wife have settled their dispute through mediation, which was in view of our order dated 22.08.2024 as is so stated in the joint terms of compromise. The husband and wife i.e. applicant No.1 and respondent No.2 have agreed to resume their cohabitation. They have promised each other that they would lead the matrimonial life in peaceful and graceful manner. Respondent No.2 has no objection for quashing the proceedings, which are the subject matter of this application.

3.

Applicant No.1 and respondent No.2 are present before this Court. They are confirming terms of compromise before us. In view of the fact that they have resumed cohabitation and they are promising that they will not indulge into any such activity, which will affect their

relationship, we have no hesitation in exercising our powers under Section 482 of the Criminal Procedure Code. Hence, we pass the following order :-

ORDER

(i) The application stands allowed.

(ii) The proceedings bearing Regular Criminal Case No.91/2023 pending before the learned Judicial Magistrate, First Class, Bhoom arising out of F.I.R. vide C.R. No.154/2023 dated 15.06.2023 registered with Bhoom Police Station, Dist. Osmanabad as against all the applicants, for the offence punishable under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code stand quashed. [ROHIT W. JOSHI] [ SMT. VIBHA KANKANWADI] JUDGE JUDGE sga