Maruti @ Ravi Bhimrao Phad And ... vs The State Of Maharashtra And Anr
2021 Latest Caselaw 2045 Bom

                                         1                        103-CriWP-247-20.odt



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                 103 CRIMINAL WRIT PETITION NO. 247 OF 2020


1.       Maruti @ Ravi Bhimrao Phad,
         Aged : 30 years, Occu. Agri.

2.       Babu Bhimrao Phad,
         Aged: 35 years, Occu. Business,

3.       Sau Rajamati Bhimrao Phad,
         Aged 56 years, Occu. Household,
         All R/o Village Kanherwadi,
         Tq. Parli-V, Dist. Beed.                        ....       PETITIONERS

         VERSUS

1.       The State of Maharashtra,
         Through Police Inspector,
         Police Station Parli-V Rural,
         District Beed.

2.       Sau Sumedha W/o Maruti @ Ravi Phad,
         Aged: 22 years, Occupation Household,
         R/o C/o Dattu Pundlik Munde,
         Village Kanherwadi, Tq. Parli-V,
         Dist. Beed.                                     ...    RESPONDENTS

                                     ...
Mr. Prabhakar N. Nagargoje, Advocate for petitioners
Smt. V.N. Patil-Jadhav, APP for respondent No. 1- State
Mr. Ashok A. Munde, Advocate for respondent No. 2
                          ...

                               CORAM         :   T. V. NALAWADE AND
                                                 M. G. SEWLIKAR, JJ.

                               DATE          :   1st FEBRUARY, 2021


ORAL JUDGMENT ( Per : T.V. Nalawade, J.) :


1.      Rule. Rule made returnable forthwith.      By consent, heard learned

counsel for the parties for final disposal at the admission stage.

2. During the course of argument, it was submitted that charge-sheet

in present crime is filed. Permission is granted to amend the proceeding

2 103-CriWP-247-20.odt

and add the relief of quashing of case itself. Amendment be carried out

forthwith.

3. Present proceeding is filed for relief of quashing of Crime No. 20 of

2020 registered with Parli-Vaijnath Rural Police Station District Beed for

the offences punishable under Sections 498-A, 494, 323, 504 and 506

read with Section 34 of the Indian Penal Code. The crime is registered

on the basis of report given by respondent No. 2 - Informant, the wife of

petitioner No. 1. During arguments, learned counsels for the petitioners

and respondent No. 2 submitted that parties have settled the dispute.

Compromise Pursis - Consent Terms is filed on record. The informant is

identified by one counsel. All the parties have signed the Compromise

Pursis - Consent Terms. In the settlement document there is mentioned

that wife has no objection for giving relief of quashing of the FIR and

charge-sheet. In view of the Compromise Pursis - Consent Terms, which

is taken on record, this Court holds that relief needs to be granted in

favour of petitioners. Nothing can be achieved by asking the petitioners

to face the criminal case for aforesaid offences.

4. In the result, Criminal Writ Petition is allowed. Relief is granted in

terms of prayer clauses "C" and "C-I". Rule is made absolute in those

terms.

                 Sd/-                                           Sd/-

     [ M. G. SEWLIKAR ]                                [ T. V. NALAWADE ]
            JUDGE                                            JUDGE


MTK