Surekha W/O. Vinod Wagh @ Surekha ... vs The State Of Maharashtra And Anr
2017 Latest Caselaw 8870 Bom

                                        (1)                       43 cri appln 2328.17

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

               CRIMINAL APPLICATION NO. 2328 OF 2017


1.    Surekha w/o Vinod Wagh @
      Surekha Sambhaji Bansode,
      Age: 31 years, Occ: Service,
      R/o. Flat No.2, B-Wing,
      Siddhi Square Apartment,
      Pisadevi road, Aurangabad.

2.    Suresh s/o Uttamrao Shinde,
      Age: 44 years, Occ: Service,
      R/o. N-9, L-28/4, Shivaji Nagar,
      Cidco, Aurangabad.                                     ..        Applicants

               Versus

1.    The State of Maharashtra

2.    Superintendent of Police,
      Aurangabad.                                            ..        Respondents

                                   ----
Mr. J.K. Bansod h/f. Manorkar Deepak S., Advocate for Applicants.
Mrs. P.V. Diggikar, APP for Respondent/State.
                                   ----

                                    CORAM :     S.S. SHINDE &
                                                MANGESH S. PATIL, JJ.

                                    DATE      : 20.11.2017

ORAL JUDGMENT :- (Per S.S. Shinde, J.)

.               Rule. Rule made returnable forthwith and heard finally with

the consent of the learned counsel appearing for the parties.

(2) 43 cri appln 2328.17

2. Learned counsel appearing for the applicants has tendered

across the bar affidavit of Vinod Fakira Wagh, the same is taken on

record. Learned counsel appearing for the applicants submits that on the

basis of averments in the application and also the affidavit of the

husband of applicant no.1, this Court may allow the application and

quash the F.I.R. bearing crime no. I-123/2017 registered with Police

Station Chikalthana, Aurangabad for the offence punishable u/s. 354(5),

354 (A), 354, 341, 452, 504, 506.

3. The applicant no.1 is present in the Court, on a specific query

she stated that the averments and statements made in the application is

without any coercion and it is her voluntary act.

4. In the application, it is stated that the F.I.R. was lodged out

of misunderstanding and the applicant no.1 has no objection to quash

the F.I.R. Since, the applicant no.1 has no objection to quash the F.I.R.

and it is her voluntary act and consent for quashing such F.I.R., keeping

in view the exposition of the law laid down by the Supreme Court in the

case of Gian Singh V/s. State of Punjab reported in 2012 (10) SCC

303, so as to prevent the further abuse of process of law / court, we are

inclined to allow this application. Accordingly, the application is allowed

(3) 43 cri appln 2328.17

in terms of prayer clause 'B'. Rule made absolute on above terms. The

application stands disposed of accordingly.

   [MANGESH S. PATIL, J.]                     [S.S. SHINDE, J.]




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