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Pawan S/O. Suryakant Jadhav And … vs The State Of Maharashtra And Anr on 31 January, 2019

3631.18APPLN
1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.3631 OF 2018

1. Pawan S/o Suryakant Jadhav
Age : 34 years, Occ : Service,

2. Alka Suryakant Jadhav
Age : 62 years, Occ : Household,

3. Atul S/o Suryakant Jadhav
Age : 39 years, Occ : Service

All R/o Saurabh Nagar,
Aware Row Housing Society,
Bhingar Camp, Tq. Dist.Ahmednagar.

4. Sheetal Shekhar Kamble
Age : 37 years, Occ : Household,
R/o Shastri Chowk,
Near Sahyadri Hospital,
Pune.
..APPLICANTS
(ORI. ACCUSED)
-VERSUS-

1. The State of Maharashtra
Through Police Station,
Parner Police Station, Parner,
Dist. Ahmednagar.

2. Pooja Pawan Jadhav
Age : 26 years, Occ : Private Service,
R/o Wadner (Bk), Tq. Parner,
District : Ahmednagar
At present residing at Pawar Mala,

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3631.18APPLN
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Ramlingkrupa Building,
Room No.10, Shirur, Tq. Shirur,
District Pune.
..RESPONDENTS
(Resp.No.2-Ori.complainant)

Advocate for Applicants: Mr.S.G. Sonawane
APP for respondent/State: Mr.S.B. Narwade
Advocate for respondent no.2:Mr.S.M. Jadhav

CORAM: S.S.SHINDE R.G. AVACHAT, JJ.

Dated: January 31, 2019

PER COURT :-

Rule. Rule made returnable forthwith
and heard finally with the consent of learned
counsel appearing for the parties.

2. Mr.S.M. Jadhav, learned counsel
appearing for Respondent No.2 identified
Respondent No.2, who is present in the Court.

3. Pursuant to the notices issued to
the respondents, Respondent No.2 has filed
the affidavit. Paras 1 to 4 of the said
affidavit read thus :-

“1) I deposed that, I have lodged
report against the applicant to the
police Station Parner, Dist.
Ahmednagar on 08.04.2018, it came to

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be registered vide F.I.R. No.I-
106/2018 for the offence punishable
U/sec. 498(A), 323, 504, 506, r/w. 34
of I.P.C. and after completion of
investigation matter is listed before
Ld. J.M.F.C., Parner and it is
registered as R.C.C. No.124/2014.

2) I deposed that, I and applicant
No.1 have settled the dispute
amicable and decided to separated to
each other and leave a peaceful life
also filed a mutual Divorce petition
before learned C.J.S.D. at Ahmednagar
bearing petition H.M.P. No.420/2018.

3) I deposed that, said wedlock our
daughter’s take responsibility by
both, therefore, I wish to withdraw
allegation against the applicants.

4) I deposed that, the dispute
between ourselves is amicably settled
therefore, I have no objection for
quash and set aside the aforesaid
F.I.R. and chargesheet against the
applicant.”

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3631.18APPLN
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4. Upon perusal of averments in the
affidavit, it is clear that applicant no.1
and respondent No.2 have amicably decided to
initiate the proceedings for divorce by
mutual consent and accordingly, the
proceedings are initiated. Learned counsel
appearing for the applicants invites our
attention to Exhibit-C/Page 32.

5. Since applicant no.1 and Respondent
No.2 have already instituted proceedings for
Divorce with mutual consent, no fruitful
purpose will be served by continuing the
investigation in pursuance of the impugned
F.I.R. and the charge-sheet. In view of the
amicable settlement Respondent No.2 will not
support the prosecution case and further
continuation of the proceedings on the basis
of the F.I.R. and the charge-sheet will be
exercise in futility and wastage of valuable
time of the Court. Further continuation of
the proceedings would tantamount the abuse of
process of Court.

6. In that view of the matter, the
application is allowed in terms of prayer

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3631.18APPLN
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clause “C”. Rule made absolute accordingly.
The application stands disposed of in above
terms.

(R.G. AVACHAT, J.) (S.S. SHINDE, J.)

SGA

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