Sheshrao S/O. Maroti Kalam And Others v. The State Of Maharashtra And ANR

938-Cri.Appln.1482 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1482 OF 2023 WITH APPLN/3531/2019 ANIL SHESHRAO KALAM

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER . . .

Advocate for Applicant in APPLN/1482/2023 : Mr. Vijay Shivaji Wakale Advocate for Applicant in APPLN/3531/2019 : Mr. D. S. Patil APP for Respondent - State : Mr. M. M. Nerlikar Advocate for Respondent No.2 : Ms. P. V. Langhe . . .

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

DATED : 19 APRIL 2023 PER COURT :

.

Heard.

2.

These are two separate applications, one by husband and other by in-laws of respondent no.2, seeking quashing of the Crime No. 188 of 2019 registered with Sillod Rural Police Station, District Aurangabad for the offences punishable under sections 498-A, 323, 504, 506 read with section 34 of Indian Penal Code and the subsequent Criminal Case bearing R.C.C. No. 203 of 2019 initiated at the instance of respondent no.2 wife. 3.

Heard. Issue notice. Learned APP waives service on behalf of respondent No.1 - State and learned advocate Ms. P. V. Langhe waives service on behalf of respondent no.2.

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938-Cri.Appln.1482 of 2023.odt 4.

Learned advocate for the applicants and that of the respondent no.2 submit that the couple has decided to settle all the disputes amicably. The term of compromise were filed before the Family Court in Petition No.A-454 of 2022 , inter alia, agreeing for quashment of this crime. 5.

Since the crime was registered as a sequel to the matrimonial discord and if the couple has decided to amicably severe the ties and settle all the disputes, in our considered view, no public policy is involved. 6.

Both applications are allowed and crime bearing No.188 of 2019, dated 29.07.2019 registered with Sillod (Rural) Police Station, Dist. Aurangabad and case bearing R.C.C. No. 203 of 2019 pending on the file of learned Judicial Magistrate First Class, Sillod, District Aurangabad is quashed and set aside.

(ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) Tandale/- 2/2