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Bombay High CourtAPPLN/3677/2022application allowed

Balasaheb Shankarrao Mane And Others v. The State Of Maharashtra And Another

2024-03-04Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:4678-DB 1 Cr. Appln. 3677 / 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 CRIMINAL APPLICATION NO. 3677 OF 2022 BALASAHEB SHANKARRAO MANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for applicants : Mr. Mahendra B. Kolpe APP for the respondent - State : Mr. G.A. Kulkarni Advocate for respondent no. 2 : Mr. M.P. Kale ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 4 MARCH 2024 PC :

Leave granted to add husband as applicant no. 2 in the title clause of the application. Amendment to be carried out forthwith. 2.

The applicants are seeking quashment of the crime no. 29 of 2022 registered with Karjat Police Station, District - Ahmednagar, at the instance of the respondent no 2 for the offences punishable under section 498-A, 323, 504, 506 read with 34 of the Indian Penal Code and the consequent chargesheet and the Regular Criminal Case no. 38 of 2022 pending before the learned J.M.F.C., Karjat, District - Ahmednagar.

3.

Learned advocate for the applicants and the respondent no. 2 unanimously submit that the couple i.e. husband and the respondent no. 2 has amicably settled the dispute which has

2 Cr. Appln. 3677 / 2022 culminated in the form of couple obtaining decree of divorce pursuant to the decree of divorce passed by the Family Court at Ahmednagar. The respondent no.2 has no objection.

4.

We see no public policy involved. The application is allowed.

5.

Crime no. 29 of 2022 registered with Karjat Police Station, District - Ahmednagar for the offences punishable under section 498-A, 323, 504, 506 read with 34 of the Indian Penal Code and the consequent chargesheet and the Regular Criminal Case no. 38 of 2022 pending before the learned J.M.F.C., Karjat, District - Ahmednagar are quashed and set aside.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/