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Sow.Vijayalaxmi Sriram Pokle @ … vs The State Of Maharashtra And … on 1 August, 2018

1 Application 1909 of 2014


Criminal Application No.1909 of 2014

1) Vijayalaxmi w/o Sriram Pokle,
@ Vijalaxmi d/o Venaktrao Totawar,
Age 50 years, Occupation : Household.

2) Shivkumar s/o Sriram Pokle,
Age 28 years, Occupation : Service.

3) Sriram s/o Sambhaji Pokle,
Age 58 years, Occupation : Service.

4) Suhash s/o Sriram Pokle,
Age 24 years, Occupation : Education
All R/o Ramanand Nagar,
Nanded, Taluka Dist Nanded.

5) Sheshikala d/o Venkatrao Totawar,
@ Sheshikala w/o Pandhari @
Pandurang Govindwar,
Age 52 years, Occupation : Household,
R/o Degloor, Taluka Degloor,
District Nanded.

6) Sunita @ Sujata d/o Venkatrao
Totawar @ Sow Sunita @ Sujata
w/o Venkatrao @ Sanjay Puramwad,
Age 48 years,
Occupation : Household,
R/o Degloor, Taluka Degloor,
District Nanded.

7) Panchaphula d/o Venaktrao Totawar,
@ Sow Panchaphula w/o Balraj Totawar,
Age 54 years,
Occupation : Household,
r/o Degloor, Taluka Degloor,
District Nanded. .. Applicants.

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2 Application 1909 of 2014


1) The State of Maharashtra,
Through Police Station,
Vimantal, Nanded,
District Nanded.

2) Subhangi w/o Shivkumar Pokle,
Age 34 years,
Occupation : Service,
R/o House of Dr. Sunil Pallewar,
Near Mayur Talkies and
Mangal Karyalaya, Naik Nagar,
Nanded. .. Respondents.


Shri. Mrigesh D. Narwadkar, Advocate, for applicants.

Ms. V.S. Choudhari, Additional Public Prosecutor, for
respondent No.1.

Shri. A.R. Kawade, Advocate, appointed as amicus curiae.



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

F.I.R.No.81/2013 registered in Vimantal Police Station for

offences punishable under sections 498A, 323, 504, 34

etc. of the Indian Penal Code. Both the sides are heard.

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3 Application 1909 of 2014

2) Learned counsel for the applicants took this

Court through the settlement filed in H.M.P.No.15/2011

which was pending before the Civil Judge, Senior Division,

Nanded. This document shows that settlement was filed

on 29-1-2014 and the trial Court granted decree in terms

of the settlement of divorce on 18-2-2014. The terms of

settlement show that the wife has agreed to withdraw all

the proceedings including the present proceeding filed for

offences punishable under section 498A, 323, 504, 34 etc.

of IPC.

3) Learned counsel for the applicants, on

instructions, made statement that after the decree of

divorce, the first informant married second time with

other person. As the wife is not there, this Court had

appointed Advocate Shri. A.R. Kawade as amicus curiae.

He has gone through the record and he has made the


4) In view of these circumstances this Court holds

that nothing can be achieved if the case is filed against

the present applicants who are husband and relatives of

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4 Application 1909 of 2014

the husband. The wife will not be giving evidence against

them in view of the aforesaid circumstances. So, the

application is allowed. Relief is granted in terms of prayer

clauses (B) and (B-1). Rule made absolute in those terms.

Fees of the learned Advocate appointed is quantified as


Sd/- Sd/-


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