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Bombay High CourtAPPLN/6343/2013disposed off

Suryabhan Bhilaji Paikrao And Others v. The State Of Maharashtra And Another

2015-06-15Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 6343 OF 2013 SURYABHAN BHILAJI PAIKRAO AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Agrawal Pavankumar S. APP for Respondent No.1: Mrs. R. K. Ladda.

*** CORAM: T. V. NALAWADE, J.

DATED: 15th JUNE, 2015.

PER COURT:

1.

Present proceeding is filed for quashing of the proceeding of R.C.C. No.68 of 2009 and proceeding of Appeal No.29 of 2009. The appeal is presently pending in the Court of learned Sessions Judge, Hingoli and it is filed against judgment and order of conviction given for offence punishable under section 498-A of Indian Penal Code. In the present proceeding, the applicant wanted to show that he had settled the dispute with the wife and so the proceeding itself can be quashed. Learned counsel submitted that the wife is unable to come to the

-:(2):- Court for filing of affidavit. Considering the submission and the circumstance of compromise learned counsel submits that hearing of the appeal needs to be expedited. He wants to show to the Sessions Court that the parties have settled the dispute and the sessions Court can consider the same for considering the circumstance for deciding the point of sentence. However, that will be up to the first Appellate Court as it is a discretionary power. In aforesaid terms, the present proceeding is disposed of.

[T. V. NALAWADE, J.] Dt.15/06/2015 ans/6343