Bombay High Court
Bhaiyyasaheb Laldas Abhyankar vs State Of Mah on 31 January, 2022
Bench: V.M. Deshpande, Anuja Prabhudessai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 338 OF 2019
1. Bhaiyyasaheb Laldas Abhyankar :
Aged 33 years, Occu. : Agriculturist
R/o Vihigaon, Rahimpur, Tah. Amravati
Rural, Distt. Amravati
2. Asha Laldas Abhyankar :
Aged 65 years, Occu. Housewife,
R/o Vihigaon, Rahimpur, Tah. Amravati
Rural, Distt. Amravati APPLICANTS
3. Sunena Kishor Kore :
Aged 38 years, Occu : Housewife,
R/o Kukde Plot, Rameshwari, Nagpur
4. Sudarshan Laldas Abhyankar :
Aged 35 years, Occu : Advocate
R/o Vihigaon, Rahimpur, Tah. Amravati
Rural, Distt. Amravati
VS.
1. State of Maharashtra
Through its P.S.O. Rahimpur, :
Tah. Amravati Rural, Distt. Amravati
2. Sau. Puja Bhaiyyasaheb Abhyankar :
Aged 30 years, Occu : Housewife NON-APPLICANTS
R/o c/o Shri Bharat Kharade,
At Watpur P.O. Loni, Tah. : Nandgaon
Khandeshwar, Distt. Amravati
Mr. A.A. Dhawas, Advocate for the applicants
Mr. V.A. Thakre, APP for the non-applicant No.1 / State
Mr. G.N. Shinde, Advocate for the non-applicant No.2
CORAM : V.M. DESHPANDE AND
ANUJA PRABHUDESSAI, J.J.
DATE : 31st JANUARY 2022
ORAL JUDGMENT : (Per : V.M.DESHPANDE, J.)
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the parties.
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2. The present proceedings are filed for quashment of the
First Information Report registered with Police Station Rahimpur
District Amravati for offences punishable under Sections 498-A, 323,
504, 506 read with Section 34 of the Indian Penal Code.
3. The applicants are represented by their counsel Shri A.A.
Dhawas, the non-applicant No.1 - State is represented by Shri V.A.
Thakre, learned Additional Public Prosecutor and non-applicant No.2
is represented by Advocate Shri G.N. Shinde.
4. The non-applicant No.2 is the wife of the applicant No.1.
The applicant Nos.2 to 4 are the close relatives of the applicant No.1.
In view of the report lodged by the non-applicant no.2 with Police
Station Rahimpur District Amravati on 23/01/2019, crime in
question was registered against the present applicants.
5. During the pendency of this application, looking to the
nature of the dispute, the matter was referred for mediation and
accordingly with the assistance of learned Mediator, they have
resolved their dispute amicably. The Co-ordinator of the Mediation
Center, High Court, Nagpur has filed a report dated 29/08/2019
submitting that the mediation has become successful.
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6. Today, when the matter was taken up, the learned
counsel for the applicants Shri A.A. Dhawas and the learned counsel
for the non-applicant No.2 (original complainant) Shri G.N. Shinde
makes a statement that now the parties are residing jointly in the
matrimonial house.
7. In view of the aforesaid, we are of the view that the
continuance of the criminal proceedings will nothing but an abuse of
process of law. Resultantly, we pass the following order.
ORDER
i. The application is allowed.
ii. The First Information Report No.13/2019, registered with
Police Station Rahimpur District Amravati for the offences
punishable under Sections 498-A, 323, 504, 506 read with
Section 34 of the Indian Penal Code together with subsequent
charge-sheet, if filed and the registration of the criminal case,
if it is pending against the applicants stands quashed and set
aside.
Rule is made absolute in above terms.
JUDGE JUDGE
MP Deshpande Digitally signed by:MILIND
P DESHPANDE
Signing Date:01.02.2022
10:48
