Sunil Suresh Hadpe And Others vs The State Of Maharashtra And Anr
2021 Latest Caselaw 149 Bom

          1                          19- Cri. Appln. No. 2774-2019.odt



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD
              CRIMINAL APPLICATION NO. 2774 OF 2019

1.       Sunil Suresh Hadpe,
         Age : 33 Years, Occu. Service,
         R/o. C-6/302 Ronak City,
         D.B. Chowk, Aadharwadi
         Kalyan (W) Dist. Thane

2.       Latabai wd/o Suresh Hadpe,
         Age : 53 Years, Occu. Housewife,
         R/o. 2/2 Saibaba Nagar, Shivtej
         Society, Beturkarpada, Kalyan
         ( West)

3.       Minakshi Rajendra Borse,
         Age : 29 Years, Occu. Housewife,
         R/o. Behind Patil School,
         Savda Road, Tq. Raver, Dist.
         Jalgaon.

4.       Rita Dnyaneshwar Sangore,
         Age : 26 Years, Occu: Housewife,
         R/o. Bhagwati Nagar, Deopur,
         Dhule

5.       Ravindra Ramesh Hadpe,
         Age : 53 Years, Occu. Driver,
         R/o. Akluj, Tq. Yawal,
         Dist. Jalgaon                                    ...APPLICANTS

              VERSUS

1.       The State of Maharashtra,
         Through Police Inspector,
         Police Station Ramanand Nagar,
         Jalgaon.

2.       Shital Sunil Hadpe,
         Age : 30 Years, Occu. Business,
         R/o. ''Anurag'' State Bank Colony,
         Ramanand Nagar, Jalgaon                         .. RESPONDENTS




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                      ....
         Advocate for the Applicants : Mr. V. H. Dighe
         A.P.P for Respondent-State : Mr. S. J. Salgare
         Advocate for respondent No.2 : Mr. B. S. Deshmukh
                       ....



                               CORAM      :T.V. NALAWADE AND
                                            M. G. SEWLIKAR,JJ.
                               DATE       : 05 JANUARY, 2021.

ORAL JUDGMENT [PER T.V. NALAWADE J] :-


        Rule. Rule made returnable forthwith. By consent heard

both the sides for fnal disposal.

        Present proceeding is fled for relief of quashing of C.R.

No. 143/2019 registered in Ramanandnagar Police Station,

Jalgaon for the ofnces punishable under Sections 498-A,406,

323,326, 504,506 read with 34 of the Indian Penal Code. Relief

is also claimed for quashing of the proceeding R.C.C. No. 402

of 2019 which is fled in the aforesaid C.R for similar ofences.

        The crime was registered on the basis of report given by

respondent No.2. Applicant No.1 is the husband of respondent

No.2 and other applicants are his relatives like mother, sisters

etc.       During the argument, the learned counsel for the

applicants and respondent No.2 submitted that parties have

settled the dispute.           Afdavit in that regard is produced of

respondent No.2 and the afdavit shows that they have fled

proceeding under Section 13-B of the Hindu Marriage Act for


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           3                              19- Cri. Appln. No. 2774-2019.odt



mutual divorce.                The wife has no objection to give relief as

claimed in the present matter.                  As it is matrimonial dispute

and there are aforesaid circumstances, this Court holds that

relief needs to be given. In the result following order :-

                          ORDER

I. The application is allowed.

II. Relief is granted in terms of prayer clause B-1.

Rule made absolute in those terms.

(M.G.SEWLIKAR, J.) (T.V. NALAWADE, J.)

YSK/