Rahul Vilas Bhamre And Others v. The State Of Maharashtra And Another

922-APPLN-3075-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3075 OF 2022

1. Rahul Vilas Bhamre Age: 30 years, Occu.: Agri.,

2. Vilas Vishwas Bhamre Age: 57 years, Occu.: Agri.,

3. Prantabai Vilas Bhamre Age: 55 years, Occu.: Agri., All R/o Mehergaon, Tq. & Dist. Dhule

4. Yogita Samadhan Chavan Age: 39 years, Occu.: Household,

5. Samadhan Prakash Chavan Age: 42 years, Occu.: Service, Both R/o Alwadi, Tq. Chalisgaon, Dist. Dhule ..APPLICANTS

VERSUS

1. State of Maharashtra Through Police Inspector West Deopur Police Station, Dhule, Dist. Dhule

2. Madhuri Rahul Bhamre Age: 24 years, Occu.: Household, R/o Mehergaon, Tq. & Dist. Dhule ..RESPONDENTS ....

Mr. C.C. Deshpnde, Advocate for applicants Mrs. V.N. Patil-Jadhav, A.P.P. for respondent no.1 - State Mr. A.A Joshi, Advocate for respondent no.2 ....

CORAM : SMT. ANUJA PRABHUDESSAI AND R.M. JOSHI, JJ.

DATE : 22nd FEBRUARY, 2023 1 / 2

922-APPLN-3075-22.odt PER COURT :

1.

Learned counsel for the applicants and Respondent No.2 submits that the matter has been amicably settled. They have stated that the marriage of Applicant No.1 and Respondent No.2 has been dissolved by mutual consent. Copy of the said order is placed on record. It is further stated that the Respondent No.2 has received a total alimony of Rs.13,50,000/-, as agreed between the parties and the Respondent No.2 has given no objection to quash the F.I.R.

2.

In view of settlement between the parties and on considering the principles laid down in case of B.S. Joshi Vs. State of Haryana, AIR 2003 SC 13861, in our considered view this is a fit case to exercise discretion under Section 482 of Code of Criminal Procedure.

3.

In the result, criminal application is allowed in terms of prayer clause [B]. Consequently, the F.I.R. bearing C.R. No. 284 of 2021 registered with West Deopur Police Station, Dist. Dhule for the offences punishable under Sections 498-A, 323, 307, 376, 377, 406, 420, 504 and 506 read with Section 34 of the Indian Penal Code stands quashed, qua the applicants. ( R.M. JOSHI, J. ) ( SMT. ANUJA PRABHUDESSAI, J. ) SSD 2 / 2