Narendra Ashok Suryawanshi And Others v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1575 OF 2022 NARENDRA ASHOK SURYAWANSHI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioners : Mr. Gautam Jasraj Jain APP for Respondent No. 1 : Mr. A.M. Phule Advocate for Respondent No. 2 : Mr. Ajay S. Pagedar CORAM : SMT. VIBHA KANKANWADI AND RAJESH S. PATIL, JJ.

DATE : NOVEMBER 25, 2022.

P.C.:- 1.

Learned advocate Mr. Pagedar, submits that he has instructions to appear for respondent No.2 and he is tendering the affidavit in reply. Learned advocate for the petitioner as well as the learned advocate for respondent No.2 submit that various proceedings had taken place between the petitioner No.1 and respondent No.2. In one of the matter before the learned Civil Judge (Senior Division) Chalisgaon, Dist. Jalgaon, which was a petition for divorce by mutual consent, a decree has been drawn by the concerned court on 4.10.2022. It was then agreed between the husband and wife that they will end their disputes and all the matters would be withdrawn. 2.

The affidavit in reply filed by respondent No.2 is taken on record. Petitioner No.1 and respondent No.2 are also present before this Court and they have reiterated the

{2} 983 sr.no..odt contents. Under such circumstances, we are of the considered view that this is a case, where we should exercise our inherent powers under Section 482 of the Cr.P.C. for quashing the FIR as well as the entire proceedings.

3.

Writ Petition stands allowed and disposed of in terms of prayer clause 23 (a).

[RAJESH S. PATIL] [SMT. VIBHA KANKANWADI] JUDGE JUDGE grt/-