Santosh S/O. Shivling Tilkari And Others v. The State Of Maharashtra And ANR

*1* 921appln3757o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3757 OF 2018 SANTOSH S/O. SHIVLING TILKARI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for the Applicants : Shri Kanade Angad L. APP for Respondent 1 : Shri K.S. Patil Advocate for Respondent 2 : Shri J.R. Patil ...

CORAM : RAVINDRA V. GHUGE & B. U. DEBADWAR, JJ.

DATE :- 18th March, 2021 P er Court : - 1.

On 25.02.2021, in view of the information given to us that the couple has settled the matter amicably, we had passed the following order:- "Permission is granted to amend the proceeding and add the relief of quashing of case itself. Copy of charge-sheet and copies of papers of investigation need to be produced. They need to file affidavit in reply of the informant to the effect that she has no objection to grant the relief. Stand over to 12.03.2021."

2.

Respondent No.2/ original informant is a medical practitioner. She has filed an affidavit dated 12.03.2021 indicating that she and her husband (applicant No.4) have decided to live together and

*2* 921appln3757o18 resolve their differences. Both have made an attempt to save the marriage. As they have agreed to live together, prayer clauses B and F can be granted.

3.

We have perused the mediation report, which indicates that the mediation was successful. The terms of compromise are annexed to the report of the mediator dated 02.02.2021.

4.

As such, the report of the learned mediator along with the terms of compromise (two pages) are taken on record and marked as "X", collectively for identification. Consequentially, this Criminal Application is allowed in terms of prayer clauses B and F, which read as under :- "B) The FIR bearing No.457/2018 registered at Ahmedpur Police Station, Tq.Ahmedpur, Dist.Latur on 05.12.2018 for the offences punishable U/sec. 498(A), 406, 323, 506 & r/w 34 of Indian Penal Code against the applicants, may kindly be quashed and set aside."

"F) Charge sheet bearing No.128/2019 i.e. RCC No.114/2019 pending before Ld. JMFC, Ahmedpur for the offences punishable U/sec. 498(A), 406, 323, 506 and r/w 34 of IPC may kindly be quashed and set aside."

kps (B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.)