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Swapnil S/O. Ashokrao Shinde And … vs The State Of Maharashtra And Anr on 3 September, 2019

1 38-appln-3711-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 3711 OF 2018

01] Swapni s/o Ashokrao Shinde
Age: 37 years, Occu: Private Service,

02] Badal s/o Ashokrao Shinde
Age: 35 years, Occu: Private Service,

03] Vaibhav Ashokrao Shinde,
Age: 33 years, Occu: Private Service,

04] Surekha w/o Ashokrao Shinde,
Age: 59 years, Occu: Household,
All R/o: Rajgadh Colony, Bhekrai Nagar,
Fursungi, Tq. Haveli, Dist. Pune. … Applicants

Versus

01] The State of Maharashtra
Through its Investigation Officer,
Police Station, Kaij, Beed

02] Rupali w/o Swapnil Shinde
Age: 27 years, Occu: Household,
R/o. Bhekrai Nagar, Tq. Haveli, Dist. Pune,
At present : C/o. Baliram s/o Baburao Gaikwad,
Shivneri Niwas, Mitra Nagar, KSK College Road,
Beed. … Respondents

….
Mr. B. D. Sarda, Advocate for the applicants.
Mr. V. S. Choudhary, APP for respondent No.1-State.
Mr. C. V. Thombre, Advocate for respondent No.2.
….

CORAM : T.V. NALAWADE AND
R. G. AVACHAT, JJ.

DATED : 3rd SEPTEMBER, 2019

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ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith. By consent, heard for final

disposal.

2. The proceedings are filed for the relief of quashing of Crime

No.272/2016 dated 02.09.2016 registered with Police Station, Kaij,

Dist. Beed for the offence punishable under Sections 498A, Section323, Section504,

Section506 and Section34 of Indian Penal Code and also for the relief of quashing of

proceedings bearing RCC No.25/2017 pending before the J.M.F.C. Kaij,

District Beed.

3. During the argument, learned counsels for the applicants

and respondent No.2 submitted that the parties have settled the

dispute. They have decided to see that the marriage itself is dissolved.

To that effect, an affidavit is filed by the applicants and the respondent

No.2. The same is taken on record. It is stated by the respondent No.2-

wife that she has no intention to proceed against the present applicant

No.1 – husband, in the aforesaid proceedings, and in view of aforesaid

situation the application needs to be granted.

4. In the result, application is allowed. Rule is made absolute.

[ R. G. AVACHAT, J. ] [ T. V. NALAWADE, J. ]
SMS

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