Suraj Rajaram Upadhyay And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:6375-DB 33 APPLN.2818.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

33 CRIMINAL APPLICATION NO. 2818 OF 2023 1.

Suraj S/o Rajaram Upadhyay.

2.

Premabai W/o Rajaram Upadhyay.

3.

Rajaram S/o Ramchandra Upadhyay.

... Applicants

Versus

1.

The State of Maharashtra.

2.

Komal W/o Suraj Upadhyay.

... Respondents ...

Advocate for Applicants : Mr. Ravindra Madhavrao Deshmukh. APP for Respondent / State : Smt. P. R. Bharaswadkar. Advocate for Respondent No.2 : Mr. Dipesh D. Pande. ...

CORAM :

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

04th March, 2025.

P.C.:

.

Present application has been filed under Section 482 of the Code of Criminal Procedure for quashment of the FIR vide C.R. No.62 of 2023, dated 24th April, 2023, registered with Shanipeth Police Station, District Jalgaon and later on by way of amendment for quashing the proceedings in R.C.C. No.741 of 2023, pending before the learned Judicial Magistrate First Class, Jalgaon, for the offence punishable under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code.

33 APPLN.2818.2023.odt The parties i.e. the applicants and respondent No.2 have settled the matter. The compromise terms have been produced. So also, the decree for divorce under Section 13-B of the Hindu Marriage Act has been passed by the learned Judge of the Family Court, Jalgaon on 9th December, 2024. The compromise before this Court has been verified through the learned Registrar (Judicial) of this Court, who has submitted his report on 20th February, 2025. Since the matter arose due to matrimonial dispute and has been settled, there is no hesitation in exercising powers under Section 482 of the Code of Criminal Procedure. Hence, the following order is passed:-

O R D E R

I.

The application stands allowed.

II.

The proceedings in R.C.C. No.741 of 2023, pending before the learned Judicial Magistrate First Class, Jalgaon, arising out of FIR vide C.R. No.62 of 2023, dated 24th April, 2023, registered with Shanipeth Police Station, District Jalgaon, for the offence punishable under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code, stands quashed and set aside as against all the applicants. [ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga