Prashant S/O Dyaneshwar Patil And 7 Others v. State Of Mah. Thr. Ps Anjangaon Dist.Amravati (Rural) And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGP U R BENCH, N A GPUR CRIMINAL APPLICATION NO.

OF 2022 IN CRIMINAL APPLICATION (APL) NO.941 OF 2021 (Prashant s/o Dyaneshwar Patil and others Vs. State of Maharashtra thr. PSO PS Anjangaon, Dist. Amravati and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. S. V. Sirpurkar, Advocate for Applicants. Mr. S. S. Doifode, APP for Non-Applicant 1/State. Ms. Sunita D. Paul, Advocate (Appointed) for Non-Applicant 2. CORAM: ROHIT B. DEO AND URMILA JOSHI-PHALKE , J J.

DATE: 10 th OCTOBER, .

The application is allowed.

2.

The application be amended forthwith to incorporate the challenge to the charge-sheet by adding paragraph (1A) to the prayer clause.

3.

We have perused the joint affidavit dated 10.10.2022 filed by the complainant - Neha w/o Prashant Patil and her husband Mr. Prashant s/o Dyaneshwar Patil, paragraphs 2 and 3 of which read thus:

2.

That, this Hon'ble Court vide order dated 17/09/2021, directed the Investigating officer not to file the charge-sheet without the leave of this Hon'ble Court. That, the said

interim stay on filing of the charge-sheet was vacated by this Hon'ble Court vide order dated 12/09/2022 and directed to file the charge-sheet. Currently, the charge-sheet is filed in RCC No.199/2022 before Civil and Criminal Court, Anjangaon Surji, District Amravati.

3.

That, the applicant no.1 and nonapplicant no.2 are legally wedded husband and wife. Both the parties have settled the matter amicably and applicant no.1 and nonapplicant 2 are willingly residing together as a married coupled since 07/09/2022 at Warud, Amravati. Therefore, the applicants seeks permission to amend prayer clause by adding clause (1A) to the instant application: "1A - Quash and set aside chargesheet filed in RCC No. 199/22022 before Civil and Criminal Court Anjangaon Surji, District Amravati, in Crime No.

508/2021 under section 498A r/w 34 of Indian Penal Code registered with nonapplicant no.2 at Anjangaon Police Station, District: Amravati".

4.

Since the matrimonial dispute is amicably settled, and our interaction with the couple reveals that both are residing together happily, we quash the charge-sheet in

terms of the amended prayer clause (1A) which read thus: 1A - Quash and set aside chargesheet filed in RCC No. 199/22022 before Civil and Criminal Court Anjangaon Surji, District Amravati, in Crime No. 508/2021 under section 498A r/w 34 of Indian Penal Code registered with non-applicant no.2 at Anjangaon Police Station, District: Amravati.

5.

The fees of the appointed counsel be quantified and paid in accordance with the rules.

(URMILA JOSHI-PHALKE, J.) (ROHIT B. DEO, J.) NSN SHIVNARAYAN NIKHARE