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Bombay High CourtAPPLN/2583/2021application allowed

Shafiq Rashid Shaikh And Others v. The State Of Maharashtra

2022-07-27Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rajesh S. Patil2 pages

918-appln-2583-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CRIMINAL APPLICATION NO.2583 OF 2021 SHAFIQ RASHID SHAIKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. Thombre Chandrakant V. APP for Respondent No.1 - State : Mr. B. V. Virdhe Advocate for Respondent No.2 : Mr. Nagargoje Ankush N. ...

CORAM : SMT. VIBHA KANKANWADI AND RAJESH S. PATIL, JJ.

DATE : 27th July, 2022.

ORDER :- .

Learned Advocate for respondent No.2 tendered affidavit-in-reply on behalf of respondent No.2. It is taken on record and marked as Exhibit-'

A'.

2.

Present application has been filed invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure for quashment of the proceedings in R.C.C. No.348 of 2021 against the present applicants. Present respondent No.2 is the original informant, who lodged FIR vide Crime No.04 of 2020 dated 01.01.2020 with Sangamner City Police Station, Dist. Ahmednagar for the offences punishable under Sections 498-A, 323, 504, 506 of Indian Penal Code. (1)

918-appln-2583-2021.odt It was against seven persons. However, it is stated in the petition that the seventh person expired during the trial. After the completion of investigation, charge-sheet was filed vide R.C.C. No.348 of 2021 before the learned Judicial Magistrate First Class, Sangamner. 3.

The applicants have come with the case that now the dispute has been resolved and even the respondent No.2 is residing with applicant No.1 happily.

4.

In view of the happy reunion of husband and wife and they have decided to bury the dispute, the affidavit-in-reply is accepted and the application stands allowed in terms of prayer clause ' B'.

[RAJESH S. PATIL, J.] [SMT. VIBHA KANKANWADI, J.] scm (2)