Abhijit Ganeshrao Pallewar And ORS v. The State Of Maharashtra And ANR

crwp1287.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1287 OF 2015 ABHIJIT GANESHRAO PALLEWAR AND ORS

VERSUS

THE STATE OF MAHARASHTRA & ANR ...

Advocate for Petitioners : Mr. Jadhavar Santosh S. APP for Respondent No.1: Mr. A.S. Shinde Advocate for respondent No.2: Mr. P.P. Mandlik .....

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

DATED : 18th NOVEMBER, 2015 P.C. :- 1.

Present writ petition is filed for quashing of complaint R.C.C. No. 484 of 2012 filed by present respondent No.2 for the offence punishable under Section 498-A of I.P.C.

2.

Learned counsel for the petitioners submits that the parties have settled the matter amicably. Even decree of divorce has been passed by the Civil Court under section 13(B) of Hindu Marriage Act vide order dated 20.10.2015.

3.

Mr. Mandlik, the learned counsel for respondent No.2 has tendered an affidavit of respondent No.2. Respondent No.2 is identified by advocate Mr. Mandlik. Copy of decree of divorce is also

crwp1287.15 -2placed on record, which is passed between the parties under Section 13(B) of the Hindu Marriage Act. Considering the fact that the parties have amicably settled the matter and the dispute was of matrimonial nature, so as to maintain cordial relations we are inclined to exercise our jurisdiction. The proceeding in R.C.C. No. 484 of 2012 pending on the file of learned Chief Judicial Magistrate, Parbhani is quashed and set aside.

4.

Writ petition is accordingly disposed of.

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