Sudarshan Bhalchandra Chavan And Others v. The State Of Maharashtra And Another

19.APPL.3590.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3590 OF 2022 IN WP/370/2021 WITH WP/370/2021 SUDARSHAN BHALCHANDRA CHAVAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Tapan Kishor Sant APP for Respondent/State : Mr. S.D. Ghayal Advocate for Respondent No.2 : Mr. Rahul Pawar ...

CORAM

: MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.

DATE : 14.11.2022 PER COURT :

Heard the learned advocate for the applicants, the learned APP and the learned advocate for the respondent No.2 who is the original informant.

2.

Leave is granted to amend the prayer clause to seek quashment of a charge sheet and the criminal proceeding. Amendment is to be carried out forthwith.

3.

It appears that the marriage between the applicant No.1 and the daughter of the respondent No.2 was to be performed. An engagement ceremony had taken place. The respondent No.2 alleged that though subsequently the parties had decided not to go ahead and solemnize the marriage and it was called off. But the applicants had cheated him by 1/2

19.APPL.3590.22.odt misappropriating whatever was paid/delivered to them during engagement ceremony.

4.

The parties were referred to a mediator. He has reported about there being a successful mediation. Compromise terms have been filed (Exhibit-X-2) duly affirmed before the section officer of this Court. It mentions that the applicants would pay the respondent No.2 an amount of Rs.8,00,000/- as one of the conditions for the settlement. 5.

Considering the nature of the dispute, in our considered view the proposed compromise and the settlement cannot be said to be against public policy or for some ulterior motive and it is unlikely to affect the society.

6.

The learned advocate for the respondent No.2 submits that whatever gold ornaments were seized by the police during the course of investigation were returned to respondent No.2. 7.

We allow the matter to be settled amicably and quash and set aside the F.I.R. No.350/2020 in Crime No.195/2020 and the criminal case being R.C.C. No. 18/2022 arising therefrom.

8.

The respondent No.2 is permitted to withdraw the amount of Rs.8,00,000/- which the applicants have deposited in this Court. (ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) habeeb 2/2