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Bombay High CourtAPPLN/4968/2015disposed off

Mahadeo S/O Ankush Navsekar ( Mali) And ORS v. The State Of Maharashtra

2015-12-15Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

CRI APPLN NO.4968.2015.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4968 OF 2015 MAHADEO S/O ANKUSH NAVSEKAR ( MALI) AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr S S Bhise APP for Respondents: Mr M M Nerlikar Advocate for Respondent 2 : Mr S B Solanke ...

CORAM : S V GANGAPURWALA & V.K. JADHAV, JJ.

Dated: December 15, 2015 ...

PER COURT :- 1.

The present application is filed for quashing the complaint bearing Crime No.75/2015 registered with Police Station Omerga, District Osmanabad for the offences punishable under section 498-A, 323, 504, 506 r/w section 34 of the Indian Penal Code. 2.

The complainant has filed affidavit stating that the complaint is filed due to mis understanding. She is residing with the applicant accused husband. The complainant is present in court. She admits the contents of the affidavit. She is identified by the Advocate.

3.

Though offences punishable under section 498-A is not compoundable, still considering the fact that parties have now reconciled and have agreed to reside together, it would be in fitness of things to accept the same. Dispute is of matrimonial nature, with a view to maintain cordial relations, said settlement is accepted.

CRI APPLN NO.4968.2015.odt 4.

In light of the above, RCC No.140/2015 pending before the Judicial Magistrate First Class, Omerga, pursuant to First Information Report bearing Crime No.75/2015 registered at Police Station Omerga District Osmanabad for the offences punishable under sections 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code is quashed and set aside.

5.

Criminal Application is disposed of.

( V.K. JADHAV, J. ) ( S V GANGAPURWALA, J. ) ...

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