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Bombay High CourtAPPLN/2320/2020disposed off

Surekha W/O. Amarnath Patil And Others v. The State Of Maharashtra And ANR

2021-01-14Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice M. G. Sewlikar2 pages

{1} CRI.APPLN.2320 OF 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CRIMINAL APPLICATION NO.2320 OF 2020 1) Surekha W/o Amarnath Patil Age: 58 years, Occu.: Housewife.

2) Amarnath S/o Narayan Patil Age: 63 years, Occu.: Retire.

3) Purushottam S/o. Amarnath Patil Age: 38 years, Occu.: Service, All R/o. Flat No.3, Raghukul, Sudama, Mukharji Cross Road, Dombivali East, Near RBT School, Thane.

..Applicants

VERSUS

1) The State of Maharashtra 2) Pallavi W/o Purushottam Patil Age: 34 years, Occu.: Housewife / Physiotherapist, Flat No.3, Raghukul, Sudama, Mukharji Cross Road, Dombivali East, Near RBT School, Thane.

..Respondents ...

Advocate for Applicants : Shri Rupesh A. Jaiswal APP for Respondent No.1 : Shri R.B.Bagul Advocate for Respondent No.2 : Shri Sohail Subhedar h/f. Shri Nilesh S. Ghanekar ...

CORAM : T.V.NALAWADE & M.G.SEWLIKAR, JJ.

DATE: 14th January, 2021 ORAL JUDGMENT:- (Per: T.V.Nalawade J.) 1.

Rule. Rule made returnable forthwith. By consent of both the sides, heard the matter for fnal disposal.

{2} CRI.APPLN.2320 OF 2020 2.

Present proceeding is fled for quashing of R.C.C. No.524 of 2020, pending before the Judicial Magistrate, First Class, Aurangabad. The aforesaid case is fled for the ofence punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code. The FIR was given by respondent No.2, who is the wife of applicant No.3. Applicant Nos.1 and 2 are parents of applicant No.3.

3.

During the course of arguments, the learned counsel for the applicants and respondent No.2 submitted that the parties have settled the dispute and respondent No.2 is returned to her matrimonial house. Settlement to that efect signed by respondent No.2 is produced on record.

4.

As learned counsel for respondent No.2 - informant made the aforesaid submissions, this Court holds that the relief claimed in the application needs to be granted to the applicants. In the result, the application is allowed. Relief is granted in terms of prayer clause-(B). Rule is made absolute in those terms. ( M.G.SEWLIKAR ) ( T.V.NALAWADE ) JUDGE JUDGE SPT