Vaijanta Lakshman Vighne And Others v. The State Of Maharashtra And Another
2024:BHC-AUG:29868-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3978 OF 2022
1) Vaijanta Lakshman Vighne, (Mother-in-law of informant), Age-54 years, Occu:Housewife, R/o-A/13, Kamraj Nagar, Vasantrao Naik Marg, Riddhi Siddhi Co-op. Housing Society, Chawl No.34/35, Ghatkopar (East), Mumbai-77,
2) Mrunali Mahesh Vighne, (Named as Manali in FIR), (Sister-in-law of informant), Age-32 years, Occu:Service, R/o-A/13, Kamraj Nagar, Vasantrao Naik Marg, Riddhi Siddhi Co-op. Housing Society, Chawl No.34/35, Ghatkopar (East), Mumbai-77,
3) Mahesh Lakshman Vighne, (Brother-in-law of informant), Age-29 years, Occu:Service, R/o-A/13, Kamraj Nagar, Vasantrao Naik Marg, Riddhi Siddhi Co-op. Housing Society, Chawl No.34/35, Ghatkopar (East), Mumbai-77,
4) Manisha Suresh Bangar, (Sister of husband of informant), Age-34 years, Occu:Housewife, R/o-Bhayala, Tq-Patoda, Dist-Beed, Now at Row House No.4, Loksha Nagar, Beed,
5) Suresh Sudam Bangar, (Husband of Applicant No.4), Age-40 years, Occu:Service, R/o-Bhayala, Tq-Patoda, Dist-Beed, Now at Row House No.4, Loksha Nagar, Beed.
...APPLICANTS
VERSUS
1) The State of Maharashtra, Through Police Station, Ashti, Dist-Beed,
2) Bhakti Mangesh Vighne, Age-24 years, Occu:Service, R/o-C/o- Bhagwat Jaybhaye, Ganesh Arpan Society, Sector No.3, Ghansoli, Navi Mumbai-400701.
...RESPONDENTS ...
Ms. Neha Udavant Advocate h/f. Mr. S.J. Salunke Advocate for Applicants.
Mr. S.A. Gaikwad, A.P.P. for Respondent No.1. Mr. Avinash M. Reddy Advocate for Respondent No.2. ...
CORAM: SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ.
DATE : 11th DECEMBER, 2024 ORDER :
1.
Present application has been filed under Section 482 of the Code of Criminal Procedure, initially for quashing the First Information Report (for short "the FIR") vide Crime No.345 of 2022 registered with Police Station, Ashti, District-Beed and later on by way of amendment, for quashing the proceedings in R.C.C. No.263 of 2022 pending before the learned 3rd Judicial Magistrate First Class, Ashti, District-Beed for the offence
punishable under Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code.
2.
By consent of the parties, the matter was referred for mediation. Accordingly, it appears that the parties have appeared before the learned mediator and the mediation has been successful. Accordingly, the mediation report dated 20th February 2024 has been submitted along with the compromise pursis. In the joint compromise pursis, it has been stated that due to matrimonial dispute, informant wife has lodged the impugned FIR against her husband and other relatives i.e. present applicants. The said FIR was lodged on account of some misunderstanding. It has been further stated that due to intervention of the relatives and common friends the husband and wife have amicably settled their dispute and now informant wife has resumed the cohabitation since 2nd November 2023 and since then she is staying with her husband happily and therefore they have prayed for quashment of the FIR as well as further proceedings.
3.
Since, now the parties have settled the matter, there is no hurdle in exercising the powers under Section 482 of the Code of Criminal Procedure for quashing the FIR as well as further
consequential proceedings. We, therefore, proceed to pass following order:-
O R D E R
(I) The Application stands allowed.
(II) The proceedings in R.C.C. No.263 of 2022 pending before the learned 3rd Judicial Magistrate First Class, Ashti, District-Beed for the offence punishable under Sections 498-A, 323, 504 read with Section 34 of the Indian Penal Code, arising out of the First Information Report vide Crime No.345 of 2022 registered with Police Station, Ashti, District-Beed, stands quashed and set aside as against applicant Nos. 1 to 5 i.e. - 1) Vaijanta Lakshman Vighne, 2) Mrunali Mahesh Vighne, 3) Mahesh Lakshman Vighne,
4) Manisha Suresh Bangar, 5) Suresh Sudam Bangar. [ROHIT W. JOSHI] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/DEC24