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Bombay High CourtWP/932/2013rule absolute

Sanjay Tukaram Ingle v. The State Of Maharashtra And Another

2018-11-29Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

Cri.W.P.No. 932/2013

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.932 OF 2013 Sanjay S/o Tukaram Ingle Age: 45 yrs., Occu. Legal Practitioner, R/o : Plot No. 58/1, Muthe Lay-out Shashtrinagar, Tal. & Dist.Buldhana ....Petitioner.

( Original Accused)

Versus

1.

The State of Maharashtra Through Police Inspector of Begumpura Police Station, Auragnabad.

2.

Sau. Nandini W/o Sanjay Ingle Age: 43 yrs. Occu. Legal Practitioners, ( At present A.G.P. in Sessions Court Aurangbad.) R/o : Bhadkalgate, Jubilee Park, Aurangabad.

....Respondents.

( .2 Respondent No is the ) original Complainant Mr. M.A. Manjramkar, Advocate for Petitioner. Mr. S.J. Salgare, APP for Respondent No.1.

Ms. C.S. Gaikwad, Advocate for Respondent No.2. CORAM :T.V. NALAWADE AND SMT. VIBHA KANKANWADI, JJ.

DATED : 29/11/2018.

JUDGMENT : [PER T.V. NALAWADE, J.] 1.

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2.

The proceeding is filed for relief of quashing of F.I.R. No.

Cri.W.P.No. 932/2013 133/2010 registered with Begumpura Police Station, Aurangabad for the offences punishable under sections 498-A, 420, 468, 471, 494 r/w. 34 of IPC. During arguments, the learned counsels of both the sides submitted that parties have settled the dispute. Affidavit of respondent No. 2 is produced on record. She has given consent for giving the relief. She has resumed cohabitation. In view of these circumstances, this Court holds that relief needs to be granted. The learned APP submitted that chargesheet is filed. If chargesheet is filed relief of quashing of chargesheet itself is allowed which is given number as R.C.C. No. 326/2012 presently pending in the Court of J.M.F.C., Aurangabad. Rule is made absolute in those terms. [SMT. VIBHA KANKANWADI, J.] [T.V. NALAWADE, J.] ssc/