Santosh Vishwanath Kamthane And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:3909-DB 106-APPLN-2395-2021 II.odt Corrected Copy: corrections have been carried out in view of the speaking to minutes of the order dated 22.02.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2395 OF 2021 1.

Santosh S/o Vishwanath Kamthane 2.

Godawari W/o Vishwanath Kamthane 3.

Vishwanath S/o Virappa Kamthane 4.

Dipali D/o Vishwanath Kamthane 5.

Rupali D/o Sainath Hangarge 6.

Sainath Mahajan Hangarge ...Applicants

VERSUS

1.

The State Of Maharashtra 2.

Sau. Tanushri W/o. Santosh Kamthane ...Respondents ...

Mr. M. G. Biradar, Advocate for Applicants.

Ms. S. S. Joshi, APP for Respondent No. 1 Mr. G. V. Mohekar, Advocate for Respondent NO. 2 ...

CORAM

: MANGESH S. PATIL & R.M. JOSHI, JJ DATE : FEBRUARY 05, 2024 PER COURT :

1.

Learned Advocate for the Applicants and that of the Respondent No. 2 unanimously submit that the offence was registered pursuant to a matrimonial dispute. Couple has arrived at some settlement. They tender across the bar compromise/settlement terms duly sworn-in jointly before Section Officer of this Court. It is taken on record and marked 'X' for the purpose of

106-APPLN-2395-2021 II.odt identification.

2.

In view of the specific terms contained in clause 'C', they are now requesting for quashing the present crime and consequent criminal case.

3.

No public policy is involved. The couple has decided to severe the matrimonial ties amicably as also several proceedings including present one. In the light of above, application is allowed in terms of prayer clause 'B'. FIR bearing Crime No. 335/2021 registered with Nava Mondha Police Station, Parbhani for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code and Criminal proceeding bearing RCC no.598/2021 pending before the file of learned JMFC, Parbhani are quashed and set aside.

(R. M. JOSHI, J) (MANGESH S. PATIL, J) Malani