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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 4265 OF 2017
1. Kesarbai Sidram Salgar,
Age : 55 years, Occupation : Housewife,
R/o. Ter, Tq. Dist. Osmanabad.
2. Sidram Limbaji Salgar,
Age : 62 years, Occupation : Agriculture,
R/o. Ter, Tq. Dist. Osmanabad.
3. Saxena @ Sakshana Sidram Salgar,
Age : 29 years, Occupation : Social Worker,
R/o. Ter, Tq. Dist. Osmanabad.
4. Saraswati Sidram Salgar,
Age : 27 years, Occupation : Education,
R/o. 24/6, Old Rajinder Nagar,
New Delhi-110060.
5. Rakhi Vithal Gadade,
Age : 37 years, Occupation : Service,
R/o. 194, Nandanvan Colony,
Aurangabad, Dist. Aurangabad.
6. Vithal Yashwant Gadade,
Age:48 years, Occupation : Business,
R/o. 194, Nandanvan Colony,
Aurangabad, Dist. Aurangabad.
7. Randhir Sidram Salgar,
Age : 48 years, Occupation : Business,
R/o. Ter, Tq. Dist. Osmanabad. … Applicants
VERSUS
1. The State of Maharashtra
Through Police Station Dhoki
Dist. Osmanabad.
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2. Manisha Sachin Salgar,
Age : 23 years, Occupation:Housewife,
R/o. Ter, Tq. Dist. Osmanabad.
At present –
C/o. Ganesh Bhikaji Jarak,
Survey No. 176/12, Dashrath Nagar,
Dhamalwadi, Near Sanjuda Complex,
Bhekrai Nagar, Phursungi, Hadapsar,
Pune-411028. … Respondents
……….
Mr S. J. Salunke, Advocate for the applicants
Mrs Vaishali N. Patil-Jadhav, APP for respondent/State
Mr A. V. Lavte, Advocate for respondent No. 2
………….
WITH
CRIMINAL APPLICATION NO.4713 OF 2017
IN
CRIMINAL APPLICATION NO. 4265 OF 2017
CORAM : S. S. SHINDE
A. M. DHAVALE, JJ.
DATE : 04.09.2017.
ORAL JUDGMENT (Per S. S. Shinde, J.) :-
1. Rule. Rule made returnable forthwith. Heard finally with
the consent of the parties and taken up for final disposal at admission
stage.
2. Pursuant to the notices issued by this Court, respondent
No. 2 i.e. informant has filed affidavit. It is stated in the said affidavit
that, with the intervention of the elderly persons and relatives,
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respondent No. 2 and the applicants/accused resolved the disputes
between them amicably. Now there are no differences between the
deponent the accused and in view of the amicable settlement, the
informant does not want to continue with the criminal proceedings
against the accused arising out of the Crime bearing No. 0117/2017,
registered with Police Station Dhoki, Tq. Dist. Osmanabad, for the
offences punishable u/s 498A, 323, 504, 506 r/w 34 of the Indian
Penal Code on 09.05.2017. The said affidavit is already placed on
record.
3. Respondent No. 2 and the accused are present before the
court and they are identified by their respective counsel.
4. Having interacted with respondent No. 2-the informant,
she stated that it is her voluntary act to enter into the settlement and
the compromise arrived at between the parties is without any coercion.
In that view of the matter, keeping in view the exposition of law by the
Hon’ble Apex Court in the matter of Gian Singh Versus State of
Punjab and Another reported in (2012) 10 SCC 303, in order to secure
the ends of justice and to prevent the abuse of process of the Court, we
are inclined to accept the affidavit showing compromise arrived at
between the parties. No useful purpose would be served in continuing
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with the proceedings in the light of the compromise arrived at between
the parties. Further continuation of the proceedings would be an
exercise in futility. In that view of the matter, the Criminal Application
is allowed in terms of compromise arrived at between the parties.
5. The First Information Report bearing No. 0117/2017,
registered with Police Station Dhoki, Tq. Dist. Osmanabad, for the
offences punishable u/s 498A, 323, 504, 506 r/w 34 of the Indian
Penal Code on 09.05.2017, stands quashed and set aside.
6. In view of disposal of Criminal Application No. 4265 of
2017, nothing survives for consideration in the connected Criminal
Application No. 4713 of 2017 and same stands disposed of.
7. Rule made absolute in above terms with no order as to
costs.
[ A. M. DHAVALE ] [ S. S. SHINDE ]
JUDGE JUDGE
sgp
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