Rohidas Devilal Imale And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:4551-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
17 CRIMINAL APPLICATION NO. 4928 OF 2024 1) Rohidas s/o Devilal Imale, Aged 30 years, Occu: Service 2) Laxmibai w/o Devilal Imale, Aged 50 years, Occu: Household 3) Suvarna d/o Devilal Imale, Age 22 years, Occu. Education 4) Ganesh s/o Devilal Imale, Age 27 years, Occu. Tailor All R/o. Dudhanwadi, Taluka Badnapur District Jalna.
... Applicants (Orig. Accused)
Versus
1.
The State of Maharashtra, Through Police Station M. CIDCO, Aurangabad, District Aurangabad.
2.
Suhani w/o Rohidas Imale, Age 21 years, Occu. Household R/o. C/o. Shivaji Narayan Shingne, Rajendra Nagar, Naregaon, Aurangabad District Aurangabad.
... Respondents (No.2 Orig. Complainant) ...
Advocate for Applicants : Mr. Ramesh Ramdas Imale & Mr. Harish C. Puse. APP for Respondent / State : Mr. G. A. Kulkarni. Advocate for Respondent No.2 : Mr. A. H. Dhupe. ...
CORAM :
SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.
DATE :
13th February, 2025.
Per Court :
.
Present application has been filed under Section 482 of the Code of Criminal Procedure for quashment of the proceedings in R.C.C. No.1960 of 2024, pending before the learned 5th Judicial Magistrate First Class, Aurangabad, arising out of FIR vide C.R. No.329 of 2023, dated 14th July, 2023, registered with M.I.D.C. CIDCO Police Station, Aurangabad, for the offence punishable under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act. The parties have settled the dispute. Affidavit has been filed by respondent No.2. The parties were directed to appear before the learned Registrar (Judicial) of this Court. The the learned Registrar (Judicial) has verified the terms and submitted the report on 3rd January, 2025.
It is stated that respondent No.2 and applicant No.1 have decided to settle the dispute and take divorce by mutual consent and withdraw all the criminal and civil proceedings, except the divorce petition.
In view of the specific affidavit and the verification thereof, we have no hesitation in exercising our powers under Section 482 of
the Cr.P.C. for quashing the proceedings. Hence, the following order is passed:-
O R D E R
I.
The application stands allowed.
II.
The proceedings in R.C.C. No.1960 of 2024, pending before the learned 5th Judicial Magistrate First Class, Aurangabad, arising out of FIR vide C.R. No.329 of 2023, dated 14th July, 2023, registered with M.I.D.C. CIDCO Police Station, Aurangabad, for the offence punishable under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act, stands quashed and set aside as against all the applicants. [ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga