Chinmoy Ranjan Son Of Chittranjan Biswas v. The State Of Maharashtra And ANR

905-APL-1548-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1548 OF 2024 Chinmoy Ranjan S/o Chittranjan Biswas ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Arun Tiwari, Advocate for the Applicant.

Mr. J.P. Yagnik, Additional P.P. for Respondent No.1/State. Ms. Juhi Singh, Advocate for Respondent No.2. CORAM : RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.

DATE : 14th JANUARY, 2025 by SUNNY ANKUSHRAO THOTE Date:

2025.01.15 10:06:02 +0530 SUNNY ANKUSHRAO THOTE P.C. :- 1.

The Applicant/husband and Respondent No.2/wife are before this Court after having secured a divorce before the Family Court. A photostat copy of the Divorce Decree dated 20th September, 2024 (3 Pages), is taken on record and marked as 'X' for identification.

2.

An original affidavit dated 19th June, 2024 along with the colour photograph of the wife, is placed on record from Page Nos. 75 to 79. The settlement terms dated 13th March, 2024 arrived SUNNY THOTE

905-APL-1548-2024.odt at before the Counselling Cell, Family Court, in Case No.Mt.165/19, are placed on record at Page No.72 to 74.

3.

The statement of both the parties that they would abide by the terms of the settlement, is recorded.

4.

Considering the above and keeping in view the law laid down by the Hon'ble Supreme Court in the case of Narinder Singh & Ors. V/s. State of Punjab & Anr.1, this Criminal Application is allowed, in terms of Prayer Clause (a), which reads as under :- "(a) That the Hon'ble Court may be pleased to quash and set aside the proceedings bearing R.C.C. No.205/2019 arising our of C.R./FIR No.436 of 2015 registered at Virar Police Station, Palghar for offence u/s. 498(A) of I.P.C. pending before the Learned J.M.F.C. 4th Court, Vasai against the Applicant, on such terms and conditions as this Hon'ble Court may deem fit to grant in the circumstances of the case;" 5.

Consequentially, R.C.C. No.205 of 2019, pending before learned J.M.F.C. 4th Court, Vasai, stands disposed off. (RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.) Criminal Appeal No.686 of 2014, decided on 27th March, 2014 SUNNY THOTE