Swapnil S/O. Ashokrao Shinde And Others v. The State Of Maharashtra And ANR

1 38-appln-3711-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3711 OF 2018 01] Swapni s/o Ashokrao Shinde Age: 37 years, Occu: Private Service, 02] Badal s/o Ashokrao Shinde Age: 35 years, Occu: Private Service, 03] Vaibhav Ashokrao Shinde, Age: 33 years, Occu: Private Service, 04] Surekha w/o Ashokrao Shinde, Age: 59 years, Occu: Household, All R/o: Rajgadh Colony, Bhekrai Nagar, Fursungi, Tq. Haveli, Dist. Pune.

... Applicants

Versus

01] The State of Maharashtra Through its Investigation Officer, Police Station, Kaij, Beed 02] Rupali w/o Swapnil Shinde Age: 27 years, Occu: Household, R/o. Bhekrai Nagar, Tq. Haveli, Dist. Pune, At present : C/o. Baliram s/o Baburao Gaikwad, Shivneri Niwas, Mitra Nagar, KSK College Road, Beed.

... Respondents ....

Mr. B. D. Sarda, Advocate for the applicants. Mr. V. S. Choudhary, APP for respondent No.1-State. Mr. C. V. Thombre, Advocate for respondent No.2. ....

CORAM : T.V. NALAWADE AND R. G. AVACHAT, JJ.

DATED : 3rd SEPTEMBER, 2019

2 38-appln-3711-18.doc ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith. By consent, heard for final disposal.

2.

The proceedings are filed for the relief of quashing of Crime No.272/2016 dated 02.09.2016 registered with Police Station, Kaij, Dist. Beed for the offence punishable under Sections 498A, 323, 504, 506 and 34 of Indian Penal Code and also for the relief of quashing of proceedings bearing RCC No.25/2017 pending before the J.M.F.C. Kaij, District Beed.

3.

During the argument, learned counsels for the applicants and respondent No.2 submitted that the parties have settled the dispute. They have decided to see that the marriage itself is dissolved. To that effect, an affidavit is filed by the applicants and the respondent No.2. The same is taken on record. It is stated by the respondent No.2wife that she has no intention to proceed against the present applicant No.1 - husband, in the aforesaid proceedings, and in view of aforesaid situation the application needs to be granted. 4.

In the result, application is allowed. Rule is made absolute. [ R. G. AVACHAT, J. ] [ T. V. NALAWADE, J. ] SMS