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Bombay High CourtAPL/545/2021disposed off

Vivek Parashram Pawar And 5 Others v. State Of Mah. Thr. Pso Ps Buldhana City Dist.Buldhana And Another

2023-01-13Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

43-apl 545 of 21.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 545 OF 2021 Vivek Parashram Pawar and ors -Vs- State of Maharashtra and anr. ----------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

----------------------------------------------------------------------------------------------------------------------------- Mr. Shantanu Deshpande, counsel for the applicants. Ms.N.P.Mehta APP for non applicant No.1.

Ms.Ragini K.Swami h/f non applicant No.2 appearing in person. CORAM : A.S.CHANDURKAR & MRS.VRUSHALI V. JOSHI, JJ.

DATE D : 13.01.2023 .

1.

Heard.

2.

The applicants have filed this application under Section 482 of the Code of Criminal Procedure for quashing of the First Information Report bearing No.257 of 2021 registered at Police Station Buldhana Shahar for offences punishable under Sections 498-A and 323 read with 34 of the Indian Penal Code.

3.

During the pendency of this application, the parties have arrived at settlement. Pursis has been filed on record along with Memorandum of understanding dated 28.07.2022. Non-applicant No.2 has agreed to withdraw all the litigations filed against the applicants. The petition for divorce by mutual consent is also pending before the Family Court. Amount of Rs.13 lakhs Kavita

43-apl 545 of 21.odt 2/2 has been paid to the non-applicant No.2. The consent terms have been recorded before the Family Court. The parties are present before the Court today. The nonapplicant No.2 has stated that she is willing to withdraw all the litigations filed against the applicants. In the light of the law laid down in Gian Singh Vs.State of Punjab and anr. reported in (2012) 10 SCC 303, the Criminal Application is allowed and the First Information Report filed against the applicants bearing No.257 of 2021 registered at Police Station Buldhana Shahar for offences punishable under Sections 498-A and 323 read with 34 of the Indian Penal Code is hereby quashed and set aside. 4.

The Criminal Application stands disposed of.

JUDGE JUDGE Signed By:KAVITA PRAVIN TAYADE P. A.

Kavita