Bappa Atamaram Kedar And Others v. The State Of Maharashtra And Another

Cri.Appln.No.4154/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4154 OF 2023 Bappa Atmaram Kedar & ors.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. S.R. Kedar, Advocate for applicants Mrs. V.N. Patil Jadhav, A.P.P. for State .......

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE :

10th NOVEMBER, 2023 O R D E R :

Heard. Issue notice to respondents returnable forthwith. Learned A.P.P. waives service for the State. 2.

The applicants before us are the husband and in-laws of respondent No.2 wife. The applicants have been convicted for the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code and, therefore, sentenced to suffer imprisonment for 2 months and pay some amount towards fine, with default stipulation. The applicants preferred appeal against the

Cri.Appln.No.4154/2023 :: 2 ::

conviction. The same is pending before the learned Additional Sessions Judge, Ambajogai.

3.

Post conviction, the parties have arrived at a settlement. The husband and respondent No.2 - wife have now been reunited. Since 2015 both of them have again been residing together. The offence dates back to the year 2011. Since this is a matrimonial matter and the parties have reunited, the application is allowed in terms of the following order.

4.

The order of conviction and sentence dated 5/8/2015, passed by learned Judicial Magistrate, First Class, Kaij, District Beed in R.C.C. No.174/2012 is hereby set aside. The applicants are acquitted of the offence punishable under Section 498-A read with Section 34 of the Indian Penal Code. Fine amount, if paid, be refunded to them. The appeal bearing No.59/2015, pending in the Court of learned Additional Sessions Judge, Ambajogai stands disposed of.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) fmp/-