Ramesh Ramji Rathod And Ors vs The State Of Mah And Ors
2017 Latest Caselaw 4836 Bom

                                                         Cri.W.P. No.741/2008
                                        1



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                   CRIMINAL WRIT PETITION NO.741 OF 2008




 1)       Ramesh s/o Ramji Rathod,
          Age 46 years, Occ. Govt. Service,
          as I.T.I. Instructor, R/o 20,
          Vidnyan Nagar, Manewada,
          Nagpur.

 2)       Bhikaribai Ramji Rathod,
          Age 86 years, Occ. Housewife,
          At Post : Arambhi, Tq. Digras,
          District Yavatmal

 3)       Niraj Ramji Rathod,
          Age 32 years, Occ. Govt. Servant,
          R/o At Post P.H.C. Bhuyar,
          Tq. Pawani, District Bhandara

 4)       Vasant Fulsing Chavan,
          Age 45 years, Occ. Govt. Servant,
          R/o Near St. Paul High School,
          Khadkeshwar, Nagpur

 5)       Sau. Sunanda Vasant Chavan,
          Age 34 years, Occ. Housewife,
          R/o Near St. Paul High School,
          Khadkeshwar, Nagpur

 6)       Ravish Ramji Rathod,
          Age 36 years, Occ. Govt. Servant,
          R/o Govt. Polytechnic Quarter,
          Sakoli, District Bhandara

 7)       Sau. Asha Ravish Rathod,
          Age 30 years, Occ. Govt. Service,
          R/o as above.                     ...        PETITIONERS


          VERSUS




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                                                               Cri.W.P. No.741/2008
                                          2



 1)       The State of Maharashtra
          through Police Station,
          Pimpalgaon Hareshwar,
          Tq. Pachira, District Jalgaon
          (Copy to be served through the
          office of Public Prosecutor,
          High Court of Bombay,
          Bench at Aurangabad)

 2)       Ashwini Ramesh Rathod,
          Age 26 years, Occ. Household,
          R/o C/o Saidas Raghunath Wanjari,
          Plot No.14/B, Muktainagar,
          Tq. Muktainagar, District Jalgaon ...             RESPONDENTS

                                  .....
 Shri B.S. Deshmukh, Advocate for petitioners
 Shri P.G. Borade, A.P.P. for State
 Shri K.A. Kale, Advocate for respondent No.2
                                  .....


                                CORAM:        T.V. NALAWADE AND
                                              SUNIL K. KOTWAL, JJ.

                                DATED:        20th July, 2017.

 ORAL JUDGMENT :



 1.               The      present   Criminal   Writ   Petition      is    filed    for

quashment of R.C.C. No.328/2008, presently pending in the Court

of Judicial Magistrate, First Class, Pachora, District Jalgaon, which

is filed for offence punishable under Sections 498-A, 420, 323,

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

Sections 3 and 4 of the Protection of Women from Domestic

Violence Act.

2. The counsel for the petitioners and counsel for

Cri.W.P. No.741/2008

respondent No.2 (original complainant) submitted that parties

have amicably settled the dispute. The wife does not want to

prosecute the matter. The counsel submitted that, as the matter

arises out of matrimonial dispute, to give the chance to the

parties to improve the relations, the matter needs to be quashed.

Affidavit of the lady respondent No.2 Ashwini Ramesh Rathod,

dated 25th January 2017 is filed on record. The respondent No.2

lady is identified by Advocate Mr. Kunal A Kale. Mr. Kale,

Advocate is present before this Court. Learned A.G.P. is also

present.

3. In view of the above circumstances, this Court holds

that the proceeding is liable to be quashed. Criminal Writ Petition

is allowed. The proceedings of R.C.C. No.328/2008, presently

pending in the Court of Judicial Magistrate, First Class, Pachora,

District Jalgaon, are quashed. Rule made absolute.

          (SUNIL K. KOTWAL)                   (T.V. NALAWADE)
              JUDGE                                 JUDGE



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