Rima Kundan Bharambe And Others v. The State Of Maharashtra
2025:BHC-AUG:1482-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4518 OF 2024 1.
Rima Kundan Bharambe 2.
Kundan Dattatray Bharambe 3.
Dattatray Ramchandra Bharambhe 4.
Rekha Dattatray Bharambhe 5.
Atul Hemraj Patil 6.
Kanchan Atul Patil 7.
Tushar Madhukar Chaudhari 8.
Triveni Tushar Chaudhari 9.
Sachin Sopan Bhole 10.
Dipali Sachin Bhole .. Applicants
Versus
The State of Maharashtra Through Police Station Officer, Muktainagar Police Station, Muktainagar, Tq. Muktainagar, Dist. Jalgaon.
.. Respondents ...
Mr. P. P. Jadhav, Advocate for the applicants. Mrs. P. R. Bharaswadkar, APP for the respondent/State. ...
CORAM : SMT. VIBHA KANKANWADI & ROHIT W. JOSHI, JJ.
DATE : 08 JANUARY 2025 ORDER (Per Smt. Vibha Kankanwadi, J.) :- .
Present application has been filed under Section 482 of the Code of Criminal Procedure for quashing the FIR vide Crime No.382 of 2023 dated 16.10.2023 registered with Muktainagar Police Station, District Jalgaon for the offences punishable under [1]
Sections 498-A, 323, 504, 506, 510 of Indian Penal Code. It is to be noted that even the informant is a party applicant for quashing the FIR. She says that now in view of the intervention of the elderly persons, she and applicant No.2 i.e. the husband have decided to seek divorce by mutual consent and accordingly, they have approached 2nd Joint Civil Judge Senior Division, Bhusawal for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. Hindu Marriage Petition No.04 of 2024 is filed. Terms of compromise are also noted therein. The learned 2nd Joint Civil Judge Senior Division, Bhusaval has granted the said divorce by mutual consent under judgment dated 30.07.2024.
2.
In view of all these aspects, there is no necessity to issue notice to any other person since the informant herself is an applicant herein. We may not approve the format, but at the same time we do not want to tax the parties also. Therefore, in view of the compromise and the divorce by mutual consent that has been obtained and the terms of settlement have been verified by a competent Court, the present application deserves to be allowed. Hence, the following order :- [2]
ORDER
I) Criminal Application stands allowed.
II) The FIR vide Crime No.382 of 2023 dated 16.10.2023 registered with Muktainagar Police Station, District Jalgaon for the offences punishable under Sections 498-A, 323, 504, 506, 510 of Indian Penal Code stands quashed and set aside as against the present applicants.
[ ROHIT W. JOSHI ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [3]