Mahesh Madhukar Tambare And Others v. The State Of Maharashtra And ANR

cran3467.19 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CRIMINAL APPLICATION NO.3467 OF 2019 1.

Mahesh Madhukar Tambare 2.

Madhukar Sakharam Tambare 3.

Smt. Shobha Madhukar Tambare ...Applicants versus 1.

The State of Maharashtra 2.

Kanchan Mahesh Tambare

...Respondents

...

Advocate for Applicants : Mr. Vivekanand Deshmukh h/f Mr. G.J. Kore APP for Respondent No.1: Ms. Vaishali S. Choudhary Advocate for Respondent No.2 : Mr. S.N. Boinwar h/f Mr. Mr. V.B. Garud .....

CORAM : R. G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 27th JULY, 2023.

PER COURT :- 1.

Heard.

2.

The marriage between applicant No.1 and the respondent/wife has been dissolved by a decree of divorce in terms of Section 13(1)(B) of the Hindu Marriage Act. A certified copy of the decree has been placed on record. One of the clauses therein indicates, the parties to have agreed to settle or withdraw the prosecution instituted for the offence punishable under Section 498-A of I.P.C. The respondent/wife has also been paid an amount of

cran3467.19 -2Rs.12,00,000/- (Rupees Twelve Lacs).

3.

In view of the above and in the interest of justice, the present application needs to be allowed. Hence, the same is allowed in terms of prayer clause "B".

(SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.) rlj/