Ajit Bandu Hausalmal And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:10466-DB
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 27 CRIMINAL APPLICATION NO. 4607 OF 2023 1.
Ajit Bandu Hausalmal Age : 30 Years, Occu. : Labour, 2.
Bandu Vitthal Hausalmal Age : 56 Years, Occu. : Service, 3.
Shakuntala Bandu Hausalmal Age : 63 Years, Occu. : Household, 4.
Abhijeet Bandu Hausalmal Age : 50 Years, Occu. : Business, 5.
Sonam Abhijeet Hausalmal Age : 29 Years, Occu. : Household, Applicant Nos.1 to 5 R/o. Gandhi Nagar, Tq. Kalamb, Dist. Dharashiv.
6.
Deepa Pradip Hausalmal Age : 43 Years, Occu. : Household, 7.
Pradip Vitthal Hausalmal Age : 51 Years, Occu. : Business, 8.
Ankita Lakhan Gaikwad Age : 28 Years, Occu. : Household, Applicant Nos.6 to 8 R/o. Bhim Nagar, Tq. Kalamb, Dist. Osmanabad.
.... Applicants
VERSUS
1.
The State of Maharashtra Through Senior Police Inspector, M.I.D.C. Police Station, Tq. & Dist. Latur.
2.
Sneha Ajit Hausalmal Age : 25 Years, Occu. : Housewife, R/o. Kapil Nagar, Khadgaon Road, Dist. Latur.
.... Respondents ....
Advocate for Applicants : Mr. Avinash M. Reddy APP for Respondent No.1-State : Mr. N.R. Dayama Advocate for Respondent No.2 : Ms. Pallavi P. Wangikar ....
CORAM :SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.
Dated : 04th April 2025 PER COURT :- 1.
The present application has been filed for quashment of the First Information Report (for short "the F.I.R.") vide C.R. No.0689 of 2023, dated 16.09.2023, registered with M.I.D.C. Police Station, Tq. & Dist. Latur, for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (for short "the I.P.C.").
2.
Learned Advocate for the applicants as well as respondent No.2 submits that, in the meantime, there was compromise between the husband/applicant No.1 and wife/respondent No.2 and they had filed Hindu Marriage Petition bearing No.201 of 2024, under Section 13-B of the Hindu Marriage
Act, 1955, before the learned Family Judge, Latur. By judgment and order dated 10.12.2024, after considering the compromise which is entered into without any pressure or coercion, the petition was allowed and the marriage between applicant No.1 and respondent No.2 has been dissolved. One of the terms in the compromise was that respondent No.2 would give no objection for the quashment of the F.I.R., which is the subject matter in the present application. 3.
We have perused the downloaded copy of the judgment passed by the learned Family Judge, Latur. The terms have been verified by the concerned Judge. Under such circumstance, it would be an abuse of process of law to ask the applicants to face the trial. Therefore, a case is made out for exercising our powers under Section 482 of the Code of Criminal Procedure, 1973. Hence, the following order is passed.
ORDER
I) The application stands allowed in terms of prayer clause 'B'.
II) The First Information Report vide C.R. No.0689 of 2023, dated 16.09.2023, registered with M.I.D.C. Police Station, Tq. & Dist. Latur, for the offences punishable under Sections 498-A, 323, 504, 506
read with Section 34 of the Indian Penal Code, 1860 stands quashed and set aside as against the present applicants.
[ SANJAY A. DESHMUKH ] JUDGE [ SMT. VIBHA KANKANWADI ] JUDGE asd