Sanket Sanjay Bhujbal And Others v. The State Of Maharashtra And Another

10-cr.appln.30.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.30 OF 2023 Sanket Sanjay Bhujbal and ors.

..Applicants Vs.

The State of Maharashtra and anr.

..Respondent/s ---- Mr.H.P.Randhir, Advocate for applicants Mrs.V.N.Patil, APP for respondent no.1 Mr.D.A.Madake, Advocate h/f. Mr.M.M.Deshmukh, Advocate for respondent no.2 ---- CORAM : SMT. ANUJA PRABHUDESSAI AND R.M.JOSHI, JJ.

DATE : FEBRUARY 01, 2023 ORDER :- Heard finally with the consent of learned counsel for the parties.

2.

This is an application under Section 482 of the Code of Criminal Procedure for quashing FIR No.325 of 2022 registered with Ramanand Nagar Police Station, Tq. and Dist. Jalgaon, for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of Indian Penal Code.

3.

The aforesaid crime was registered pursuant to the FIR lodged by respondent no.2, alleging that the marriage of the

10-cr.appln.30.2023 respondent no.2 was solemnized with the applicant no.1 on 06.02.2020. She lodged the FIR on 04.11.2022, alleging that her husband (applicant no.1) and other applicants being relatives of the applicant, had demanded dowry and subjected her to physical and mental cruelty for not meeting the demand of dowry. Pursuant to the said report, aforesaid crime has been registered. 4.

Learned counsel for the respondent no.2 state that the applicant nos.1 and 2 have settled the matrimonial dispute amicably. It is stated that the applicant no.1 and the respondent no.2 have jointly filed H.M.P. No.293 of 2022, before the Family Court, Jalgaon, under Special Marriage Act. The applicant no.1 and the respondent no.2 have filed the consent terms before the Family Court, wherein it is stated that the respondent no.2 has received the alimony of Rs.9 Lakhs. She has also given no-objection to quash the FIR. Learned counsel for the respondent no.2, on instructions, makes a statement that the respondent has received the money as well as the gold ornaments mentioned in the receipt and that she has no objection to quash the FIR.

5.

We are satisfied that the settlement is voluntary and genuine. Considering the nature of dispute, which is essentially a

10-cr.appln.30.2023 matrimonial dispute, in our opinion, this is a fit case to exercise the powers under Section 482 of the Code of Criminal Procedure, to secure the ends of justice.

6.

In view of the above, the application is allowed in terms of prayer clause (B). Consequently, FIR No.325 of 2022 registered with Ramanand Nagar Police Station, Tq. and Dist. Jalgaon, for the offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of Indian Penal Code, stands quashed. [R.M. JOSHI, J.] [SMT. ANUJA PRABHUDESSAI, J.] KBP