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Bombay High CourtAPPLN/5252/2015application allowed

Satish S/O Vitthalrao Bulbule v. The State Of Maharashtra And ORS

2016-06-24Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Shri Justice V.K. Jadhav2 pages

Cri.Appln.5252/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5252 OF 2015 Satish s/o Vitthalrao Bulbule, Age 52 years, Occu. Service, R/o Bungalow No.49, Gulmohar Colony, Krushi Vidyapeeth, Rahuri, District Ahmednagar ..Applicant (Accused No.1)

Versus

1.

The State of Maharashtra, Through its Secretary, Home Department, Mantralaya, Mumbai-32 2.

The Investigation Officer, Topkhana Police Station, Ahmednagar 3.

Sheetal Pawan Patil, Age 36 years, Occu. Household, R/o Mohanbaug Colony, Delhi Gate, Ahmednagar ..Respondents Mr M.M. Patil (Beedkar), Advocate for applicant Mr D.R. Kale, A.P.P. for respondents No.1 and 2 Mr S.H. Jagiasi, Advocate for respondent No.3 CORAM : A.V. NIRGUDE AND V.K. JADHAV, JJ.

DATE : 24th June 2016 PER COURT 1.

Applicant is accused in Crime No.135 of 2015 of Tophkhana Police Station, Ahmednagar, registered for offences punishable under Sections 354 (D), 506 read with Sec.34 of the Indian Penal Code.

2.

We heard even the complainant in presence of her Advocate. We realised that the complaint deserves to be quashed mainly for bringing peace between the parties. Earlier, the complainant was

Cri.Appln.5252/2015 married to brother-in-law of the applicant, but the marriage failed and divorce took place. The complainant is an educated person and has ample opportunity to start her life afresh. She would be able to get a good job on the basis of her education and we advised her not to pursue the case and forget about the past. She agreed that she would not continue with this case. Since the parties are related to each other, we think it proper to quash the proceedings utilising our powers under Section 482 of Code of Criminal Procedure.

3.

Accordingly, Criminal Application is allowed in terms of prayer clause (C).

( V.K. JADHAV, J.) ( A.V. NIRGUDE, J.) vvr