Deepak Bhausaheb Thengde And Other v. The State Of Maharashtra And Another
2025:BHC-AUG:25144-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4130 OF 2024
1) Deepak S/o Bhausaheb Thengde, Age-28 years, Occu:Labour, R/o-Kamlapur Road, Waluj, Taluka-Gangapur, District-Aurangabad, (Husband)
2) Rukman W/o Bhausaheb Thengde, Age-47 years, Occu:Household, R/o-Kamlapur Road, Waluj, Taluka-Gangapur, District-Aurangabad, (Mother-in-law),
3) Bhausaheb Vitthal Thengde, Age-50 years, Occu:Labour, R/o-Kamlapur Road, Waluj, Taluka-Gangapur, District-Aurangabad.
(Father-in-law).
...APPLICANTS
VERSUS
1) The State of Maharashtra, Through its P.I., Police Station Waluj, Taluka-Gangapur, District-Aurangabad,
2) Sonali W/o Deepak Thengde, Age-21 years, Occu:Household, R/o-Madhuban Colony, Waluj, Taluka-Gangapur, District-Aurangabad.
...RESPONDENTS ...
Mr. Sachin L. Baswe Advocate h/f. Mr. Y.G. Mache Advocate for Applicants.
Mr. G.A. Kulkarni, A.P.P. for Respondent No.1. Mr. Ashutosh Sisodiya Advocate h/f. Mr. S.R. Chaudhari Advocate for Respondent No.2.
...
CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.
DATE : 11th SEPTEMBER, 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] :
1.
Learned Advocate for the applicants and respondent No.2 submit that applicant No.1 and respondent No.2 had filed Hindu Marriage Petition No.139 of 2024 before the learned Civil Judge, Senior Division, Vaijapur, under Section 13-B of the Hindu Marriage Act i.e. divorce by mutual consent. In the said petition the term was that applicant No.1 and respondent No.2 should take back the complaints/criminal cases or civil cases filed against each other. Clause Nos.2 and 3 from Para No.3 have then been accepted and verified by the concerned Court and decree for divorce has been passed on 3rd March 2025. Certified copies of the Petition as well as the Judgment and order are tendered. They are taken on record by marking Exhibit "X". 2.
In view of the fact that the competent Court has verified the terms in which respondent No.2 has specifically accepted that she would give no objection for the withdrawal of the allegations in criminal matters also, We take it to be the no objection for quashing the First Information Report vide Crime
No.105 of 2024 dated 12th April 2024 registered with Waluj Police Station, Taluka and District-Aurangabad, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and the further proceedings arising out of the same. Hence, we pass following order:-
O R D E R
(I) The Application stands allowed.
(II) The First Information Report vide Crime No. 105 of 2024 registered with Waluj Police Station, Taluka-Gangapur, District-Aurangabad, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and the further proceedings arising out of the same i.e. the proceedings in R.C.C. No. 514 of 2024, pending before the learned Judicial Magistrate First Class, Gangapur, DistrictAurangabad, stands quashed and set aside as against applicant Nos. 1 to 3 i.e. - 1) Deepak S/o Bhausaheb Thengde, 2) Rukman W/o Bhausaheb Thengde, and 3) Bhausaheb Vitthal Thengde.
[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/SEP25