Abhishek Basavraj Bharamgonde And ANR v. State Of Maharashtra

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.01.22 10:59:45 +0530 GAURI AMIT GAEKWAD 62.WP-5500-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5500 OF 2024 Abhishek Basavraj Bharamgonde and Ors. ....Petitioners

Versus

The State of Maharashtra & Anr.

....Respondents ---- Mr. Akash R. Pandey a/w. Ms. Tejvanti Kapale for the Petitioners. Ms. A.S. Gotad, APP for the State.

Ms. Madhavi V. Pawar for Respondent No.2.

---- CORAM : RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.

DATE : 20th JANUARY, 2025 P.C. :- 1.

A matrimonial dispute led to the registration of the FIR No.0004 of 2023 dated 3rd January, 2023 with the Vijapur Naka Police Station, Solapur City.

2.

The parties have amicably settled the dispute and the learned Family Court, Solapur has delivered a judgment on 29th June, 2024 vide which, Case No.F-145/2024 has been decided and a Decree of Divorce, by consent, has been granted. 3.

The Complainant has filed her original affidavit dated 12th December, 2024 from page nos.74 to 78. The learned Advocate for the Complainant identifies the Complainant, who is present in Gauri Gaekwad

62.WP-5500-2024.odt Court, and submits on instructions, that the Complainant is satisfied with the terms of the settlement and she has received the entire amount of Rs.6,50,000/-, as also the Streedhan. 4.

Considering the above and in view of the law laid down by the Hon'ble Supreme Court in B.S. Joshi and Others v/s. State of Haryana and Another1 and Narinder Singh & Ors. v/s. State of Punjab and Anr.2, this Criminal Writ Petition is allowed in terms of prayer clauses (a) and (b), which read as under : (a) The Hon'ble Court may kindly issue writ of mandamus and/or any other appropriate writ and/or direction and/or order and thereby quash the F.I.R. bearing C.R. No.4 of 2023 against the Petitioners for the offences punishable under Section 498 (A), 323, 504, 506 read with 34 of the Indian Penal Code, 1860 registered with the Vijapur Naka Police Station 04.01.2023 in view of the consent terms dated 22.02.

2024 wherein the parties have resolved their disputes amicably; (b) The Hon'ble Court may kindly issue writ of mandamus and/or any other appropriate writ and/or direction and/or order and thereby quash and set aside the RCC No.1144 of 2023 registered with the Judicial Magistrate First Class Solapur. (RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)