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Bombay High CourtAPPLN/2985/2021application allowed

Bhushan Suresh More And Others v. The State Of Maharashtra And Another

2022-10-19Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

908-CriAppln-2985-2021 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 908 CRIMINAL APPLICATION NO. 2985 OF 2021 BHUSHAN S/O SURESH MORE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Advocate for Applicants : Mr. Nilesh N. Desale APP for Respondent No. 1 : Mr. S. D. Ghayal Advocate for Respondent No.2 : Mr. L. S. Mahajan .....

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

DATED : 19 OCTOBER 2022 PER COURT :- 1.

The learned Advocate for the applicants and the learned Advocate for respondent no.2 are present. We have heard them as also the learned APP.

2.

The applicants are seeking quashment of the crime, the charge sheet and the consequent Regular Criminal Case pending on the file of the learned Judicial Magistrate, First Class, Chopda for the offence punishable under Sections 498-A, 323, 406, 504 and 506 of IPC. 3.

On going by the FIR filed by respondent no.2, it appears that the matrimonial dispute has been amicably settled and the couple has

908-CriAppln-2985-2021 -2resumed cohabitation and intend to lead happy married life. Even an undertaking has been filed by the applicant no.1, who is the husband of respondent no.2.

4.

We have no better reason to refuse to take cognizance of such an amicable settlement. It is not against public policy also. 5.

In view of such settlement, we allow the application and quash and set aside crime no. 59 of 2017 registered with Chopada City Police Station, Taluka Chopada, District Jalgaon, the consequent charge sheet and the criminal case bearing R.C.C. No. 132 of 2017 pending on the file of learned Judicial Magistrate First Class, Chopada, Taluka Chopada, District Jagaon.

[ABHAY S. WAGHWASE, J.] [MANGESH S. PATIL, J.] vre