Anusayabai W/O. Laxman Bankar And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:14974-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3341 OF 2021 Anusayabai w/o Laxman Bankar & ors. ... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. V.Y. Patil, Advocate for applicants Mr. V.K. Kotecha, A.P.P. for respondent No.1 - State Mr. Joslyn A. Menezes, Advocate for respondent No.2. .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 18th JULY, 2024 O R D E R :

Leave to add husband of respondent No.2 as party applicant. Amendment to be carried out forthwith. 2.

Learned Advocate for the applicants and learned Advocate for respondent No.2 submit that, the parties have settled the matter. Learned Advocate for the applicants submit that the husband of respondent No.2 is personally present before the Court. Learned Advocate for respondent No.2

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submits that the respondent No.2 is personally present before the Court. Learned Advocate for respondent No.2 places on record affidavit of respondent No.2, from which it is seen that the matter has been settled and she has no objection to quash and set aside the F.I.R., which is under challenge in this application, bearing No.326/2021, registered with Harsul Police Station, Aurangabad for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and the consequential criminal proceedings bearing R.C.C. No.288/2022, pending in the Court of learned Judicial Magistrate, First Class, Aurangabad. 3.

As the matter arises out of matrimonial dispute, we exercise our powers under Section 482 of the Code of Criminal Procedure and pass the following order :-

O R D E R

(i) The Criminal Application is allowed in terms of prayer clause (B), which reads as under :

(B) The First Information Report No.326/2021 dated 04/10/2021 registered with the Harsul Police Station, Aurangabad City, Dist. Aurangabad for

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offences punishable U/s. 323, 34, 498-A, 504 & 506 of Indian Penal Code, 1860 and the Regular Criminal Case No.288/2022 pending in the learned Court of J.M.F.C., Aurangabad may kindly be quashed and set aside to the extent of the applicants only.

(ii) Criminal Application stands disposed of accordingly. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-