Bhushan Ravindra Shinde And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:15850-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CRIMINAL APPLICATION NO.4570 OF 2024 Bhushan Ravindra Shinde, Age 29 yrs., Occ. Agri./Business, Sangita Ravindra Shinde, Age 50 yrs., Occ. Agri., Akash Ravindra Shinde, Age 25 yrs., Occ. Household, Applicant Nos.1 to 3 are r/o Krushna Society, Dindori road, Nashik, Tq. & Dist. Nashik.

Sandip Vishwas Suryawanshi, Age 25 yrs., Occ. Service, R/o Mhalyacha Pada, Sukapur, Tq. Sakri, Dist. Dhule.

... Applicants ... Versus ...

The State of Maharashtra Through Police Station Officer, City Police Station, Sangamner, Tq. Sangamner, Dist. Ahmednagar.

Bhagyashri Bhushan Shinde, Age 27 yrs., Occ. Household, R/o Rayatewadi Phata, Sangamner (Kh), Tq. Sangamner, Dist. Ahmednagar.

... Respondents ...

9_Cri.Appln_4570_2024 Mr. M.A. Dond, Advocate for applicants Mr. V.K. Kotecha, APP for respondent No.1 Mr. Y.S. Choudhari, Advocate for respondent No.2 ...

CORAM :

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

18th JUNE, 2025 ORDER :

( PER : SMT. VIBHA KANKANWADI, J. ) All the applicants are original accused in Crime No.867/2022 dated 09.10.2022 registered with City Police Station, Sangamner, Tq. Sangamner, Dist. Ahmednagar. After investigation the charge sheet came to be filed vide Regular Criminal Case No.172/2023 before learned Judicial Magistrate First Class, Sangamner, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860. The parties have arrived at the compromise. An affidavit-inreply on behalf of informant - respondent No.2 has been filed, wherein she has consented to allow the present application, as vide Decree dated 08.02.2023 in Hindu Marriage Petition No.473/2022, decree of divorce under Section 13(B) of the Hindu Marriage Act, 1955 has been passed. In view of decree of divorce both parties i.e. applicant No.1 and respondent

9_Cri.Appln_4570_2024 No.2 have decided to settle all the disputes amicably and also decided to withdraw all the proceedings filed against each other including present application. Under such circumstance, it would be an abuse of process of law if the applicants are now asked to face the trial. However, as applicants have utilized the machinery, we impose cost them. Hence, following order.

ORDER

i) Criminal Application stands allowed.

ii) The proceedings in Regular Criminal Case No.172/2023 pending before learned Judicial Magistrate First Class, Sangamner arising out of First Information Report vide Crime No.867/2022 dated 09.10.2022 registered with City Police Station, Sangamner, Tq. Sangamner, Dist. Ahmednagar, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Bhushan Ravindra Shinde, 2) Sangita Ravindra Shinde, 3) Akash Ravindra Shinde and 4) Sandip Vishwas Suryawanshi. iii) Applicants to deposit an amount Rs.2,000/- (Rupees Two Thousand only) each on or before 02.07.2025 with the High Court Legal Services Sub Committee, Aurangabad.

( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd