Savita Hanumansing Pardeshi And ... vs The State Of Maharashtra And ...
2016 Latest Caselaw 1393 Bom

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              IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                        
                           BENCH AT AURANGABAD
                   CRIMINAL APPLICATION NO.3390 OF 2014 
                                        




                                                
     01 Savita w/o Hanumansing Pardeshi,
          age: 53 years, Occ: Household,

     02 Yogita d/o Hanumansing Pardeshi,




                                               
          age: 26 years, Occ: Education,

     03 Hanumansing Bapusing Pardeshi,
          age: 58 years, Occ: Nil.




                                     
          All R/o Kokan Nagar, Opp: Navjeevan
          Chali, R.C.C. Road, Chembur,
          Mumbai-74. 

              Versus
                              ig                         Applicants
                            
     01 The State of Maharashtra,
          through the Investigation Officer,
          Kotwali Police Station, Ahmednagar,
          District Ahmednagar.
      


     02 Manshi w/o Rakesh Pardeshi,
   



          age: 28 years, Occ: service,
          R/o C/o Pratapsing Ramsing Pardeshi,
          Kharatmal Niwas, Smruti Housing
          Society, Agarkar Mala, Station Road,
          Ahmednagar, District Ahmednagar.               Respondents





            Respondents

       
                                      WITH
                       CRIMINAL APPLICATION NO.4153 OF 2014





     01 Sachin s/o Pandurang Bille,
          age: 30 years, Occ: Doctor,

     02 Rani w/o Sachin Bille,
          age: 27 years, Occ: Household,
          
          Both R/o Belewadi (Hubalni),
          Tq.Azara, District Kolhapur.




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                      Versus

     01 The State of Maharashtra,




                                                      
          through the Investigation Officer,
          Kotwali Police Station, Ahmednagar,
          District Ahmednagar.




                                                     
     02 Manshi w/o Rakesh Pardeshi,
          age: 28 years, Occ: service,
          R/o C/o Pratapsing Ramsing Pardeshi,
          Kharatmal Niwas, Smruti Housing
          Society, Agarkar Mala, Station Road,




                                         
          Ahmednagar, District Ahmednagar.                     Respondents
       
                             
     Mr.D.A.Bide,  advocate for applicants. 
     Mr.K.S.Patil, A.P.P. for Respondent No.1.
     Mr.V.P.Narwade, advocate for Respondent No.2.
                            
      
      
                                           CORAM : R.M.BORDE &
                                                         K.L.WADANE, JJ.

                                          DATE    : 11th April, 2016
   



     PER COURT:
      
     1        Heard.     Rule.     Rule   made   returnable   forthwith   and 

heard finally by consent of learned Counsel for respective parties.

2 These Criminal Applications are presented by the accused involved in connection with RTC Case No.192 of 2014.

The criminal proceedings are initiated pursuant to First Information Report lodged by Respondent-wife bearing Crime No.I- 276/2013 dated 10.05.2013, registered with Kotwali Police Station, Ahmednagar, for offences punishable under Sections 498A, 406, 420, 323, 504, 506 read with Section 34 of the Indian Penal Code.

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3 Both the Criminal Applications were referred to the

Mediator. The mediation process yielded result and both the parties have decided to settle their matrimonial dispute amicably.

The terms of settlement arrived at during mediation process have been presented on record.

4 The husband and wife have decided to move joint application seeking divorce by mutual consent under Section 13(1)

(b) of the Hindu Marriage Act and it is stated that an application,

in that respect, has been tendered to the Court.

Initially, the husband agreed to pay permanent alimony to the tune of Rs.10,40,000/- to the wife in two

instalments, however, during intervening period, parties have agreed on the figure of permanent alimony to the tune of Rs.5,00,000/-. It is informed that husband has already deposited

an amount of Rs.5,00,000/- in the Court of Civil Judge, Senior

Division, Ahmednagar. It is also agreed during mediation process by the wife Manasi that she would not press charges levelled against the accused.

6 In view of the understanding arrived at between the parties, it is unnecessary to continue with the criminal proceedings initiated at the instance of Respondent wife. In view

of various pronouncements of the Supreme Court, Criminal Proceedings bearing RTC Case No.192 of 2014, pursuant to First Information Report lodged by Respondent-wife bearing Crime No.I- 276/2013 dated 10.05.2013, registered with Kotwali Police Station, Ahmednagar, for offences punishable under Sections 498A, 406,

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420, 323, 504, 506 read with Section 34 of the Indian Penal Code,

stands quashed and set aside. It is also settled between the parties that Crime No.I-152/2014, registered at Chembur Police

Station, at the instance of husband against father of wife Manasi would not be pressed and the proceedings would be abandoned.

     7                Rule is accordingly made absolute.  
       




                                         
               K.L.WADANE     ig                         R.M.BORDE
                   JUDGE                                    JUDGE
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