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Bombay High CourtAPPLN/4083/2024application allowed

Sanskar Namdev Shingare And Another v. The State Of Maharashtra And Another

2024-12-19Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Rohit W. Joshi2 pages

4appln4083.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 4 CRIMINAL APPLICATION NO. 4083 OF 2024 SANSKAR NAMDEV SHINGARE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Mahesh Kalidasrao Bhosle APP for Respondent/State : Mr.S.A.Gaikwad Advocate for Respondent No. 2 : Mr. Aditya V. Waghmare ...

CORAM : SMT. VIBHA KANKANWADI & ROHIT W. JOSHI, JJ.

DATE : 19.12.2024.

PER COURT :

1.

Learned Advocate for the applicants and learned Advocate for respondent No. 2 submit that the amicable settlement has been arrived at. The First Information Report is arises out of the matrimonial dispute and after investigation, the charge-sheet is filed. However, now the husband and wife are residing together since last one year. We could get it from the deed of settlement that they are happily residing together as respondent No. 2 has stated to be pregnant for second time.

4appln4083.24 2.

In view of this settlement and the statement of respondent No. 2 that she has no objection for quashing the FIR and the proceedings bearing RCC No. 18 of 2023 pending before the Judicial Magistrate First Class, Wadwani, Dist Beed on the undertaking by the husband that he will look after respondent No. 2 properly, we take this to be a fit case in which, we can exercise our powers under Section 482 of the Code of Criminal Procedure. Hence following order :

ORDER

1. The Criminal Application stands allowed.

2. The proceedings bearing bearing RCC No. 18 of 2023 pending before the Judicial Magistrate First Class, Wadwani, Dist Beed, arising out of the FIR vide Cr. No. 23 of 2023 dated 08.02.2023, registered with Wadwani Police Station, District Beed, for the offence punishable under Sections 498-A, 323, 504, 506, read with Section 34 of the Indian Penal Code stand quashed and set aside as against all the applicants.

( ROHIT W. JOSHI ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE mahajansb/