Sandeep M. Motegaonkar And Others v. The State Of Maharashtra And ANR

956 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2754 OF 2019 1] Mr. Sandeep M. Motegaonkar Age 37 years, Occ. Service, Inidian inhabitant.

2] Smt. Sushila M. Motegaonkar, Age 65 years, Occ. Housewife, Indian Inhabitant Both Residing at Renapur, Taluka Renapur, District Latur.

3] Santosh M. Motegaonkar Age 39 years, Occ. Service, 4] Rohini S. Motegaonkar Age 38 years, Occ. Service, Both Residing at Flat No.503, A Wing Nilaya, Near Rajesh Society, Lane No.18, Katraj, Pune, 411 046 5] Shital V. Kutwade, Age 35 years, Occ. Housewife, Residing at P.O. Bahalgaon, Tal. Latur, District Latur.

. APPLICANTS.

VERSUS

1] The State of Maharashtra 2] Mirs. Neha S. Motegaonkar Aged 26 years, Occ. Service, Religion : Hindu Indian inhabitant Residing at Mr. Rajesh Reddy Ahmedpur Road, Opp. Petrol Pump Sirur- Tajband, Tal. Ahmedpur, District Latur Pin 413 514.

.. RESPONDENT Mr. Shrikrashna B. Solanke, Advocate for petitioner

956 sr.no..odt Mrs. V.N. Patil Jadhav, APP for respondent.

Mr. A.R. Magar, Advocate for respondent No.2.

CORAM

:T.V. NALAWADE AND K.K. SONAWANE ,JJ.

DATE : 26th SEPTEMBER, 2019.

ORAL JUDGMENT [ PER T.V. NALAWADE,J] :- Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2] The present proceeding is filed for quashing the RCC No. 107 of 2016 pending on the filed of learned JMFC, Ahmedpur, Dist. Latur for the offence punishable under Sections 498-A, 406, 323 ar/w. 34 of IPC. Crime No. 156 of 2016 was registered with the Ahmedpur police station for the aforesaid offences.

3] During arguments, learned counsel for the applicant and respondent No.2 submitted that in the matrimonial dispute, the parties have settled the dispute. They have filed settlement on record which is in the form of affidavit of the first informant wife. It shows that they have decided to obtain divorce by mutual consent. The wife has no intention to give evidence against the respondent/husband. 4] In the result, the application is allowed in terms of prayer clause (B). Rule is made absolute in those terms. No costs. [K.K. SONAWANE] [T.V. NALAWADE] JUDGE JUDGE grt/-