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Bombay High Court
Ankush Kumar S/O. Asha Kumari And Others vs The State Of Maharashtra And Anr on 14 February, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
1 Cri.Appln. 2002 / 2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1046 CRIMINAL APPLICATION NO. 2002 OF 2019
ANKUSH KUMAR S/O. ASHA KUMARI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
…
Advocate for applicants : Mr. A.V. Hon
APP for the respondent – State : Mr. K.N. Lokhande
Advocate for respondent no. 2 : Mr. B.R. Kedar
…
CORAM : MANGESH S. PATIL
SHAILESH P. BRAHME, JJ.
DATE : 14 FEBRUARY 2024
PC :
Heard learned advocate for the applicants, learned APP as
also the learned advocate for the respondent no. 2 and even the
respondent no. 2 personally who is present virtually.
2. It appears that the applicant no. 1 and the respondent
no. 2 have entered into some settlement. A joint purshis was filed in
Criminal Application no. 4233 of 2019 and Criminal Application
no. 4240 of 2019. By order dated 02-02-2024 in those proceedings,
the Esteemed Single Judge has disposed of both those matters in
terms of the settlement. The terms of settlement also incorporate
stipulation regarding quashment of the crime. A copy of the order
passed in those applications together with the joint purshis is taken on
record and marked as ‘X’ for the purpose of identification.
2 Cri.Appln. 2002 / 2019
3. Since it is a crime arising out of a matrimonial dispute,
we find no public element involved in the light of Gian Singh Vs. State
of Punjab and another; (2012) 10 SCC 303, the application is
allowed.
4. Crime no. 75 of 2018 registered with Bhusawal City Police
Station, Dist. Jalgaon for the offences punishable under section 498A,
406, 323, 504, 506 and 34 of the Indian Penal Code and Chargesheet
no. 62 of 2019 pending in the Court of Judicial Magistrate First Class,
Bhusawal are quashed and set aside.
[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ]
JUDGE JUDGE
arp/
