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Ankush Kumar S/O. Asha Kumari And Others vs The State Of Maharashtra And Anr on 14 February, 2024

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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/

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