Bombay High CourtAPL/460/2015allowed

Nitin Laxminarayan Maheshwari And Others v. State Of Maharashtra, Through P.S.O. P.S. Civil Lines, Akola

2015-07-17Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 1707apl460.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO. 460 OF 2015.

Nitin Laxminarayan Maheshwari and ors. ..vs.. State of Mah. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs.Sirpurkar, Adv. for applicant no.1.

Mr.J.B.Gandhi, Adv. for the applicant 2 and 3. Mr.N.Tripati,APP for the respondents.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : JULY 17, 2015.

Heard learned counsel for the parties.

We find that the only on account of matrimonial dispute FIR has been registered for the offence punishable under Sections 498A, 406 read with Section 34 of the Indian Penal Code. Parties have amicably settled the controversy and terms and conditions of settlement recorded in Criminal Application (APL) No.388 of 2014 before this Court on 23/24 of December, 2014 are placed on record. Parties are present and are identified by the respective counsel.

The proceedings for dissolution of marriage under Section 13-B of the Hindu Marriage Act are to come up before the Family Court on Monday 20th of July, 2015.

As per settlement terms present criminal application has been moved for quashing the FIR.

In view of compromise between the parties, we quash and set aside FIR No.147 of 2014 registered at Police Station Civil Lines, Akola for the offence punishable under Section 498-A, 406 read with Section 34 of the Indian Penal Code and consequential charge-sheet presented to the court of the JMFC no.7 at Akola.

2 1707apl460.15.odt Application is accordingly allowed and disposed of. JUDGE JUDGE Chute.