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Bombay High CourtAPPLN/2879/2019rule absolute

Himanshu Pradeep Patil And Others v. The State Of Maharashtra

2019-10-07Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice K. K. Sonawane2 pages

88-CriA-2879-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2879 OF 2019 Himanshu Pradeep Patil, Age 27 years, Occu. Service, R/o. A-12/502, Sankeshwar Nagar, Manpada Road, Near Shani Mandir, Dombiwali, District Thane.

Pradeep Baburao Patil, Age 55 years, Occu. Nil, R/o. As above.

Aparna Himanshu Patil, Age 23 years, Occu. Service, R/o. Gut No. 53, Plot No. 75, Near Mahalaxmi Provisions, Shiv Colony, Jalgaon.

Presently residing at Gurukrupa Bungalow, Survey No. 80/2, Chinchwade Colony No.2, Walhekar Wadi, Chinchwad, Pune.

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APPLICANTS (Original Accused No.1 and 2 and complainant respectively)

VERSUS

State of Maharashtra Through Police Inspector, Ramanand Police Station, Jalgaon.

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RESPONDENT ...

Mr. Satyajit S. Bora, Advocate for Applicants. Mrs. V. N. Patil Jadhav, APP for Respondent - State. ...

CORAM

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

DATE : 07th OCTOBER, 2019.

ORAL JUDGEMENT :- ( PER: T.V. NALAWADE, J.) 1.

Rule. Rule made returnable forthwith. Heard finally, with consent of learned counsel for parties.

88-CriA-2879-19.odt 2.

This proceeding is filed by first informant and accused mentioned in the report together for relief of quashing First Information Report bearing Crime No. 226 of 2019 registered with Ramanand Police Station, Jalgaon, for the offence punishable under Sections 498-A, 323, 504, 506 and 507 of the Indian Penal Code.

3.

In the application it is mentioned that the parties have amicably settled their dispute and first informant does not want to give evidence against the accused. The first informant - Aparna Patil and accused husband - Himanshu had taken divorce by mutual consent. When the matter pertains to matrimonial dispute and the parties have amicably settled their dispute, this Court holds that relief needs to be granted. Accordingly, the Criminal Application is allowed in terms of prayer clause "b". Rule is made absolute in those terms.

Sd./- Sd./- [K.K. SONAWANE] [T.V. NALAWADE] JUDGE JUDGE MTK