Sandip Kishor Shukla And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:1202-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CRIMINAL APPLICATION NO.4302 OF 2022 Sandip Kishor Shukla, Age 30 yrs., Occ. Service, Kanchalata Kishor Shukla, Age 50 yrs., Occ. Household, Bipin Kishor Shukla, Age 32 yrs., Occ. Service, Riya Bipin Shukla, All are r/o 'A' Wing, Sargam Society, Nanded City, Pune, Tq. & Dist. Pune.

... Applicants ... Versus ...

The State of Maharashtra Through Kotwali Police Station, Ahmednagar, Tq. & Dist. Ahmednagar.

Nikita Sandip Shukla, Age 25 yrs., Occ. Household, At present r/o Deepak Rajanna Tagare, House No.29-B, Pimpaleshwar Colony, Arati Row-Housing, Bhushannagar, Kedgaon, Ahmednagar, Tq. & Dist. Ahmednagar.

... Respondents ...

Mrs. Sunita G. Sonawane, Advocate for applicants

15_Cri.Appln_4302_2022 Mr. A.R. Kale, APP for respondent No.1 Mr. Y.V. Kakde, Advocate for respondent No.2 ...

CORAM :

SMT. VIBHA KANKANWADI & ROHIT W. JOSHI, JJ.

DATE :

15th JANUARY, 2025 ORDER :

( PER : SMT. VIBHA KANKANWADI, J.) Learned Advocate for respondent No.2 is handing over certified copy of order below Exh.1 in Petition 'F' No.279/2024. It appears that during the pendency of present petition applicant No.1 and respondent No.2, who are husband and wife, have entered into compromise and have filed petition under Section 13(B) of the Hindu Marriage Act, 1955 for divorce. The said petition is verified by learned Judge, Family Court, Ahmednagar on 04.12.2024. Though it appears that final order is yet to be passed in that matter; yet the compromise has been verified, whereupon, respondent No.2 has no objection for quashing and setting aside the proceedings in Regular Criminal Case No.1082/2021, pending before learned Chief Judicial Magistrate, Ahmednagar, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860. In view of the settlement and no objection, we have no hesitation in exercising our

15_Cri.Appln_4302_2022 powers under Section 482 of the Code of Criminal Procedure. Hence, following order.

ORDER

i) Criminal Application stands allowed.

ii) The proceedings in Regular Criminal Case No.1082/2021 pending before learned Chief Judicial Magistrate, Ahmednagar arising out of First Information Report vide Crime No.452/2021 dated 24.06.2021 registered with Kotwali Police Station, Ahmednagar, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Sandip Kishor Shukla, 2) Kanchalata Kishor Shukla, 3) Bipin Kishor Shukla and 4) Riya Bipin Shukla.

( ROHIT W. JOSHI, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd