Chandrakant S/O. Gopalrao Kumbhare And Another. v. State Of Mah. Thr. Pso, Ps, Lakadganj, Nagpur Dist. Nagpur.

1 9.apl.1364.2023

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C RIMINAL APPLICATION NO.

OF 2023 IN CRIMINAL APPLICATION NO.1364 OF 2023 Chandrakant s/o Gopalrao Kumbhare and anr.

..vs..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B. Dafle, Advocate for the applicant.

Shri Jawde, Addl.P.P. for the State.

Shri Suraj Kapse, Advocate for non-applicant no.2. CORAM :

VINAY JOSHI AND M.W.CHANDWANI , J J.

DATED :

03/11/2023.

Heard.

2.

For the reasons stated in the application, the application is allowed.

3.

Necessary amendment be carried out forthwith. The application stands disposed of.

CRIMINAL APPLICATION NO.1364 of 2023 Heard.

2.

This is an application seeking to quash the proceeding vide RCC No.480 of 2005 arising out of crime No.3379 of 2005 registered with the Lakadganj Police Station, District Nagpur for the offence punishable under Sections 294, 506-B of the Indian Penal Code, on account of settlement.

3.

It is informed that the Trial Court has recorded the evidence of five witnesses as well as recorded the statement of accused in terms of Section 313 of the Code of Criminal Procedure. At this juncture, with the aid and

2 9.apl.1364.2023 intervention of relatives, the matter is settled and therefore, both have urged to quash the proceedings. 4.

The non-applicant no.2 is present in the Court through her Advocate and filed her affidavit stating that matter is amicably settled. The non-applicant no.2 is identified by her Advocate Shri Suraj Kapse. She is accepted about the settlement, filing of affidavit and gave her no objection to quash the proceeding. She would submit that by the time she was married and to maintain cordial relations, she do not wish to prosecute further. 5.

Learned Addl.P.P. seeks time to go through the documents as already entire evidence has been recorded by the Trial Court.

6.

Stand over after Diwali vacation.

7.

The proceeding pending before the Trial Court shall stand stayed till further orders.

(M.W.CHANDWANI, J.) (VINAY JOSHI, J.) Trupti