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Bombay High CourtAPPLN/5129/2014disposed off

Shri Shivanad S/O Gurlingappa Swami And Others v. The State Of Maharashtra And Another

2015-04-20Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Kum. Justice I.K. Jain2 pages

1 Application 5129 of 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Criminal Application No.5129 of 2014 Vidya w/o Brahmanand Swami And Others.

.. Applicants.

Versus

The State of Maharashtra & Anr. .. Respondents. -------- Shri. Gaurav L. Deshpande, Advocate, for applicants. Shri. S.B. Pulkundwar, Additional Public Prosecutor, for respondent No.1.

Shri. A.V. Patil, Advocate, for respondent No.2. -------- CORAM: T.V. NALAWADE Smt. I.K. JAIN, JJ.

DATE : 20th APRIL 2015 ORDER:

1) The application is filed for quashing of First Information Report of CR No.145/2014 registered in Udgir Rural Police Station for offences punishable under sections 498-A, 406, 342, 294, 323, 504, 506, 34 of the Indian Penal Code. The matter was referred to the Mediator by this Court. Report is received. It appears that before the Mediator the parties have settled the dispute. Learned counsel Shri. A.V. Patil is appearing for the complainant and he admits that the parties have settled

2 Application 5129 of 2014 the dispute. It was matrimonial dispute. In view of these circumstances and the aforesaid development which has taken place in the matter it is not desirable to allow the things to go on or to file charge sheet against the applicants.

2) It appears that in the past the proceeding of applicant Nos.1 to 3 was withdrawn and it was disposed of accordingly. They are husband and relatives of the husband. In view of the development learned counsel for the complainant submits that the complainant has no objection if the entire FIR is quashed and set aside. 3) In view of these circumstances and as the dispute settled between the parties, the entire proceeding can be quashed and set aside as against all applicants as the matter is settled between the parties.

4) In the result, the application is allowed. The FIR is quashed and set aside as against all the applicants. Sd/- Sd/- (Smt. I.K. JAIN, J.) (T.V. NALAWADE, J. ) rsl