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Bombay High CourtAPL/841/2023allowed

Sarvesh S/O. Sudhakar Anasane And Others v. State Of Mah. Thr. Pso, Avadhut Wadi Ps, Yavatmal And Another.

2025-01-07Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice M. W. Chandwani2 pages

2025:BHC-NAG:198-DB 1 23apl841.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO.841 OF 2023 [Sarvesh s/o Sudhakar Anasane and others .vs. State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Vaishali Khadekar, Advocate for Applicants. Shri Ganesh Umale, APP for Non-Applicant No.1/State. Shri N.B. Rathod, Advocate for Non-Applicant No.2. ........

Coram : Nitin B. Suryawanshi and M.W. Chandwani, JJ. Dated : January 07, 2025.

This is an application filed under section 482 of the Code of Criminal Procedure, 1973 for quashing of First Information Report No.0588/2023 registered with Avadhutwadi Police Station, Yavatmal and chargesheet which is registered as Criminal Case No.331/2023 in the Court of Judicial Magistrate, First Class, Yavatmal for the offences punishable under Sections 498-A and 504 of the Indian Penal Code, 1860.

2.

This matter arises out of matrimonial dispute, applicant no.1 and the second respondent, husband and wife respectively, have amicably settled their dispute and have executed settlement terms. Joint affidavit is filed by applicant no.1 and the second respondent on record confirming the amicable settlement between them. It is stated in the affidavit that the second respondent has no objection for quashing of the proceeding of Criminal Case No.331/2023. 3.

Applicant no.1 and respondent no.2 are personally present in the court and they confirm about the settlement arrived at

2 23apl841.23.odt between them. They are identified by their respective advocates. As per the settlement, applicant no.1 has paid an amount of Rs.2,50,000/- towards full and final settlement of the maintenance and the second respondent accepts that she has received the said amount. She also confirms that she has no objection if the proceedings are quashed.

4.

In view of the settlement of their matrimonial disputes and joint affidavit filed on record, the application is allowed and the proceeding of Criminal Case No.331/2023 are hereby quashed. 5.

Application stands disposed of accordingly.

(M.W. Chandwani, J.) (Nitin B. Suryawanshi, J.) Gulande