Dhanaji Shamrao Adasule v. Suvarna Dhanaji Adasule And ANR.

1/2 15 cri. wp 859 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.859 OF 2022 Dhanaji Shamrao Adasule .... Petitioner

Versus

Sou.Suvarna Dhanaji Adasule and Anr.

.... Respondents .....

Mr.Chandrakant P. Yadav, Advocate for the Petitioner. Mr.Shubham Jangam i/b. Mr.Girish Agrawal, Advocate for Respondent No.1.

Mr.S.S. Ghag, APP for Respondents-State.

.....

CORAM

: MANJUSHA DESHPANDE, J.

DATED : 13.06.2025 P.C. :

The Petitioner is seeking directions to quash and set aside the order passed in Criminal Miscellaneous Application No.24 of 2012, filed by the Respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005, by the Judicial Magistrate First Class Karad, Satara alongwith order passed by the Sessions Judge, Karad, Satara, in Criminal Appeal No.29 of 2017 dated 20.11.2021. The learned advocate for the Petitioner has tendered additional affidavit today stating therein that compromise has been arrived at between the parties in the different proceedings during the Lok RAJESHRI PRAKASH AHER Nyayalaya at Karad. The affidavit is taken on record and marked "X" RAJESHRI PRAKASH AHER Date: 2025.06.18 20:46:18 +0530 Rajeshri Aher

2/2 15 cri. wp 859 of 2022.doc for identification. Pursis to that effect has been filed before the Judicial Magistrate First Class, Karad, in Criminal Application No.567 of 2019, wherein in paragraph 2, it is stated that Respondent has received an amount of Rs.2,25,000/-, as a one time and full and final settlement from the present Petitioner. The pursis is filed in the Court on 27.02.2024, which is signed by the parties and order below Exhibit-1 has been passed by the Lok Nyayalaya, Karad on 03.03.2024, which reads as under:

"1] In view of comprise pursis Exh.103 and comprisecum-docket sheet at Exh.104, application is disposed off as withdrawn 2] Proceeding is hereby closed."

The learned advocate appearing for the Respondent does not dispute the above facts.

In view of the prayer made by the Petitioner, the Writ Petition is allowed in terms of prayer Clauses (b), which reads thus: "b) By issuing appropriate writ order or direction under Article 227 and Sec.482 of Cr.P.C. this Hon'ble Court may be pleased to quash and set aside the Order of Criminal MiscAppln No.24 of 2012 filed by the Respondent u/s section 12 of PWDA Act before the Hon'ble Court of judicial Magistrate First Class at Karad; Dist; Satara and the Order of Hon'ble Sessions Court at Karad, filed by the Petitioner in Criminal Appeal No.29 of 2017, after examining the legality, validity and propriety of the impugned order dated 2011.2021."

(MANJUSHA DESHPANDE, J.) Rajeshri Aher