Bhushan Bharat Marathe vs The State Of Maharashtra And Other
2021 Latest Caselaw 54 Bom

                                  {1}                CRI.APPLN.1916 OF 2020


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                CRIMINAL APPLICATION NO.1916 OF 2020

 1.       Bhushan s/o. Bharat Marathe
          Age: 32 years, Occu.: Business,
          R/o. Shivsagar Mangal Karyalaya
          Deepmala Society, Stadium Chowck,
          Dhule, Tal. & Dist. Dhule.                 ..Applicant
                                                     (Orig. Accused)

                                VERSUS

 1.       The State of Maharashtra                   ..Respondent

 2.       Smt.Divya W/o. Bhushan Marathe
          Age: 27 years, Occu.: Household,
          Shivsagar Mangal Karyalaya
          Deepmala Society, Stadium Chowck,
          Dhule, Tal. & Dist.Dhule.                ..Respondent
                                             (Original Complainant)
                                    ...
              Advocate for Applicant : Smt.Rutuja L.Jakhade
            APP for Respondent No.1 -State : Shri M.M.Nerlikar
           Advocate for Respondent No.2 : Shri S.A.Deshpande
                                    ...
                                CORAM :      T.V.NALAWADE &
                                             M.G.SEWLIKAR, JJ.

DATE: 4th January, 2021

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

1. Rule. Rule made returnable forthwith. By consent of both

the sides, heard the matter for fnal disposal.

2. Present proceeding is fled for relief of quashing of FIR

No.312 of 2017, registered with Nandurbar Town Police Station,

District - Nandurbar for the ofence punishable under Sections

{2} CRI.APPLN.1916 OF 2020

307, 498A, 406, 420, 504, 506, 323, 324, read with Section 34 of

the Indian Penal Code, on the complaint given by respondent

No.2.

3. During the course of arguments, learned counsel for the

applicant and respondent No.2 submitted that the parties have

settled the dispute. Some record is produced to show that

settlement has been taken place which includes the order of

disposal passed by the learned Judicial Magistrate, First Class,

Nandurbar in the case fled under the provisions of Protection of

Women from Domestic Violence Act. Afdavit-in-reply is fled in

the present matter by respondent No.2 and it is to the efect that

she has no objection to grant the relief claimed in the present

application. The dispute is of matrimonial nature.

4. In view of the aforesaid circumstances and submissions

made by the learned counsel for respondent No.2 - informant,

this Court holds that the relief claimed in this application needs

to be granted. In the result, the application is allowed. Relief is

granted in terms of prayer clause-'B'. Rule made absolute in

those terms.

          ( M.G.SEWLIKAR )                    ( T.V.NALAWADE )
               JUDGE                                JUDGE
 SPT