Sachin Annarao Somwanshi And Another v. The State Of Mahrashtra And Another

(1) 917- Cri.Appln. No. 4836-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4836 OF 2024 1.

Sachin s/O Annarao Somwanshi, Age : 35 Years, Occ. Nil, R/o. Vijaynanda Apartment, Barshi Road, Latur 2.

Annarao S/o Kishanrao Somwanshi, Age : 60 Years,Occ. Household, R/o. Vijaynanda Apartment, Barshi Road, Latur.

... Applicants

VERSUS

1.

The State of Maharashtra, Through Police Inspector, Police Station Kandhar Tq. Kandhar, Dist. Nanded.

2.

Madhuri W/o Sachin Somwanshi @ Madhuri d/o Namdevrao Wadje (Patil) Age : 28 years, Occ. Business, R/o. At village Masalga Post Tembhurni, Tq. Kandhar, Dist. Nanded.

.. Respondents ....

Advocate for the applicants : Mr. A. A. Yadkikar A.P.P. for Respondent No.1 State : Mr. S. A. Gaikwad Advocate for Respondent No.2 : Mr.Shyam Jawale ....

CORAM : SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ DATED : DECEMBER 12, 2024 ORDER:- 1.

Respondent No.2 is appearing through Advocate and filing affidavit. She submits that during the pendency she has arrived at compromise with the applicants and accordingly the

(2) 917- Cri.Appln. No. 4836-2024.odt amount towards permanent alimony has been deposited by applicant no.1 before the Family Court. Further as per the agreement between them, she has also withdrawn the petition under The Protection of Women From Domestic Violence Act, 2005. Now she has no objection for quashing the FIR. 2.

Taking into consideration the terms of compromise and the fact that it has been acted upon, we find that this is a fit case where we should exercise our powers under Section 482 of the Code of Criminal Procedure for quashing the proceedings. Hence, the following order.

ORDER

(I) The application is allowed.

(II) Proceeding in Regular Criminal Case No. 52 of 2022 pending before the learned Judicial Magistrate Kandhar arising out of FIR vide Crime Registration No. 0273 of 2021 dated 03.08.2021 registered with Police Station, Kandhar Taluka Kandhar, District Nanded for the offence punishable under Sections 498-A read with Section 34 of the Indian Penal Code stands quashed and set aside as against both the applicants.

(ROHIT W. JOSHI) (SMT. VIBHA KANKANWADI ) JUDGE JUDGE Y.S. Kulkarni