Suvarna Vishal Khule Alias Suvarna Prakash Wadhekar v. The State Of Maharashtra And Others

2025:BHC-AUG:33622-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4396 OF 2025 IN CRIMINAL APPLICATION NO. 319 OF 2024 Suvarna w/o Vishal Khule ... APPLICANT

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. P.P. More, Advocate for applicant Mr. S.R. Yadav Lonikar, A.G.P. for State Mr. A.S. Choudhari, Advocate for R.No.2 and 3 .......

CORAM : R.G. AVACHAT AND ABASAHEB D. SHINDE, JJ.

DATE : 3rd DECEMBER, 2025 O R D E R :

Heard. This application has been moved seeking permission to withdraw 50% of the amount deposited with this Court.

2.

The applicant had married one Vishal. All was not well between the couple. Number of proceedings, therefore, came to be initiated. The parties thereafter arrived at a

:: 2 ::

settlement. This Court, vide judgment and order dated 1/4/2025, allowed the application for quashing of the F.I.R. registered for the offences punishable under Section 498-A and related offences. The operative order thereof reads thus : " i) Criminal Application stands allowed.

ii) The proceedings in Regular Criminal Case No.973/2022 pending before learned Judicial Magistrate First Class, Jalna, Dist. Jalna arising out of First Information Report vide Crime No.396/2022 dated 22.06.2022 registered with Taluka Jalna Police Station, Dist. Jalna, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and under Section 3 and 4 of the Dowry Prohibition Act, 1961, stands quashed and set aside as against applicants viz. 1) Vishal Bhaskar Khule, 2) Bhaskar Baburaoji Khule, 3) Indrajit Baburao Khule and 4) Nandabai Indrajit Khule.

iii) Respondent No.2 is allowed to withdraw 50% of the amount, which would be deposited by applicant No.1."

3.

In view of the terms of settlement, the parties had agreed that the applicant before us would be permitted to withdraw 50% of the amount to be deposited with this Court, and the other similar proceedings were agreed to be withdrawn.

:: 3 ::

4.

The applicant has placed on record copy of the order indicating the marriage between the applicant and her husband to have been dissolved by passing a decree in terms of Section13B of the Hindu Marriage Act. The record further indicates that, all other proceedings between the parties have been given quietus pursuant to the terms of settlement. As such, the applicant became entitled for 50% amount deposited with this Court. We therefore allow the application in terms of prayer clause (B).

(ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) fmp/-