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Bombay High CourtAPL/1050/2023allowed

Revaji Dhondibhau Sonawane And Others v. The State Of Mah. Thr. Its Investigating Officer, Ramdaspeth,Ps Akola And Others.

2025-03-11Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice Pravin S. Patil3 pages

1 924 apl 1050.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1050/2023 (Revaji Dhondibhau Sonawane & ors. Vs. The State of Maharashtra & ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.B. Patekar, Advocate for applicants.

Mr. G. Umale, APP for non-applicant Nos.1 & 2. Mr. K.D. Pote, Advocate for non-applicant No.3. CORAM: NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.

DATED : 11/03/2025 Heard.

2.

This application is filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the charge-sheet bearing RCC No. 109/2022 pending before learned 2nd Joint Judicial Magistrate First Class, Akola arising out of First Information Report at Crime No. 866/2021 registered with Police Station Ramdaspeth, Akola, Tq. and Dist. Akola for the offence punishable under Sections 498-A read with Section 34 of the Indian Penal Code.

3.

The FIR is outcome of matrimonial discord between non-applicant No.3 Alka and her husband Vinod Sonawane. Applicants are respectively father-in-law, mother-in-law, sister-in-law, brother-in-law and sisters-inlaw of non-applicant No.3.

2 924 apl 1050.23 4.

During the pendency of the present proceedings, non-applicant No.3 Alka, her husband Vinod and applicants have amicably settled their matrimonial dispute. Terms of settlement are placed on record at Annexure-R-1 collectively. As per settlement, an amount of Rs. 10,00,000/- towards full and final settlement of maintenance of non-applicant No.3 and her daughter Romika is deposited in the Family Court, Akola. Nonapplicant No.3 and her husband will take divorce by mutual consent under Section 13-B of the Hindu Marriage Act before the Family Court, Akola.

5.

Non-applicant No.3 has filed an affidavit confirming the settlement of matrimonial dispute. Alka and her husband Vidond are present in the Court and they are identified by their respective counsel. Alka has confirmed about the amicable settlement of matrimonial dispute and she has no objection to quash the proceedings. 6.

In view of settlement of dispute, application is allowed. We hereby quash and set aside charge-sheet bearing RCC No. 109/2022 pending before learned 2nd Joint Judicial Magistrate First Class, Akola arising out of FIR at Crime No. 866/2021 registered with Police Station Ramdaspeth, Akola, Tq. and Dist. Akola for the offence punishable under Sections 498-A read with Section 34 of the Indian Penal Code against the applicants.

3 924 apl 1050.23 7.

Application stands disposed of.

( PRAVIN S. PATIL , J.) ( NITIN B. SURYAWANSHI , J.) Gohane