Nishikant Chandrakant ... vs The State Of Maharashtra And Anr
2021 Latest Caselaw 2219 Bom

                                       1                           119-CriA-3776-19.odt



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                     CRIMINAL APPLICATION NO. 3776 OF 2019

1.       Nishikant Chandrakant Mendhapurkar,
         Age: 31 years, Occu. Private Service,
         R/o : Flat No. 503, F Unit, Wing 1
         Bhosari, Pune

2.       Chandrakant Babura Mendhapurkar,
         Age: 64 years, Occu. Retired

3.       Rajahs Chandrakant Mendhapurkar,
         Age: 50 years, Occu. Household,

4.       Rajanikant Chandrakant Mendhapurkar,
         Age: 22 years, Occu. Education,
         Applicant No. 2-4 R/o Parkate Lane,
         Udgir, Dist. Latur                                       ...APPLICANTS

         VERSUS

1.       The State of Maharashtra,
         Through In Charge,
         Vimantal Police Station, Nanded,
         Dist. Nanded.

2.       Prajakta Nishikant Mendhapurkar,
         Age: 21 years, Occu. Household,
         R/o : C/o Baban Shriram Kale,
         Gopal Nagar Sangvi (Bu), Nanded,
         Tq. Dist. Nanded.                               ...RESPONDENTS

                           ...
Mr. Mahesh K. Bhosle, Advocate for Applicants
Smt. V. N. Patil- Jadhav, APP for Respondent No. 1
Mr. Prashant P. Dama, Advocate for Respondent No. 2
                           ...

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

                               DATE        :     3rd 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 admission stage.

2 119-CriA-3776-19.odt

2. Present proceeding is filed for relief of quashing the charge-sheet in

Crime No. 0190 of 2019 registered with Vimantal Police Station, Nanded,

District Nanded for the offences punishable under Sections 498-A, 323

and 504 read with Section 34 of the Indian Penal Code. A report was

given by respondent No. 2, who is wife of present applicant No. 1.

Applicants No. 2 and 3 are parents of applicant No.1 and applicant No. 4

is brother of applicant No. 1. During the course of arguments, learned

counsels for the applicants and respondent No. 2 - informant submitted

that parties have settled the dispute. A notarized document titled as

"Deed of Settlement" is produced on record. In paragraph No. 2 of said

document, it is mentioned that wife has no intention to prosecute the

criminal matter and she has no objection to grant relief claimed by the

applicants. They have also decided to obtain divorce by mutual consent.

The said document is taken on record. As it is matrimonial dispute and

parties have settled the dispute, this Court holds that present criminal

application needs to be allowed. Accordingly, Criminal Application is

allowed. Relief is granted in terms of amended prayer clause "B". Relief

is made absolute in those terms.

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


MTK