1 Application 4817 of 2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
Criminal Application No. 4817 of 2013
1) Atul Manik Gahile,
Age 29 years,
Occupation : Service
R/o Block No.45, Renavikar Colony,
Gadekar Chowk, Ahmednagar,
District Ahmednagar.
2) Manik Maruti Gahile
(since deceased)
3) Suman Manik Gahile,
Age 56 years,
Occupation : Household
R/o Block No.45, Renavikar Colony,
Gadekar Chowk, Ahmednagar,
District Ahmednagar. .. Applicants.
Versus
1) The State of Maharashtra,
Through Investigating Officer
Tofkhana Police Station,
Ahmednagar, Dist Ahmednagar.
2) Pallavi w/o Atul Gahile,
Age 28 years, Occu: Advocate,
R/o House no.74, Wagh Galli,
Nalegaon, Ahmednagar,
Taluka Dist. Ahmednagar. .. Respondents.
—-
Shri. Ravindra V. Gore, Advocate, for applicant No.3.
Shri. S.J. Salgare, Additional Public Prosecutor, for
respondent No.1.
Shri. Pratap Vikhe-Patil, Advocate, holding for Shri. R.R.
Karpe, Advocate, for respondent No.2.
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2 Application 4817 of 2013
Coram: T.V. NALAWADE
K.L. WADANE, JJ.
Date: 1 AUGUST 2018
JUDGMENT (Per T.V. Nalawade, J.):
1) The proceeding is filed under section 482 of the
Code of Criminal Procedure for the relief of quashing of
proceeding of R.T.C. No.644/2013 which is filed for
offences punishable under sections 498A, 323, 506 etc. of
Indian Penal Code. Both the sides are heard.
2) During arguments it was submitted that the
husband and wife have settled the dispute and they got
divorce by mutual consent. Copy of the said decree is
produced on record showing that divorce was given on 2-
5-2016. Present proceeding was filed in the year 2013.
There is also another document like terms of settlement
showing that wife has agreed to withdraw all the matters
filed by her including the case which is filed for offence
punishable under section 498-A IPC. Though it is a police
case and there are aforesaid circumstances and as learned
counsel representing the wife in this Court, on
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3 Application 4817 of 2013
instructions, has made submission that the wife has no
objection to grant relief, this Court is deciding the matter.
There is one more circumstance like the proceeding filed
by the husband, applicant No.1 was withdrawn in the year
2014. However, the relief is claimed for quashing of the
entire proceeding. In view of the aforesaid circumstances
this Court holds that nothing can be achieved by keeping
the proceeding pending and directing even the husband to
face the trial for the aforesaid offences. In the result, the
application is allowed. Relief is granted in terms of prayer
clause (B). Rule is made absolute in those terms.
Sd/- Sd/-
(K.L. WADANE, J.) (T.V. NALAWADE, J.)
rsl
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