2019 NearLaw (BombayHC Aurangabad) Online 2027
Bombay High Court

JUSTICE K. K. SONAWANE JUSTICE T. V. NALAWADE

Shalini Kadu Dhangar & Ors. Vs. The State of Maharashtra & Anr.

CRIMINAL APPLICATION NO. 3699 OF 2018

22nd July 2019

Petitioner Counsel: Mr. Joydeep Chatterji
Respondent Counsel: Mr. K. S. Patil Mr. N. N. Desale
Act Name: Indian Penal Code, 1860

Heard finally, with the consent of learned counsel for parties.
The present Criminal Application is filed by the applicants for quashing First Information Report bearing Crime No 126 of 2018 registered at Sakri Police Station, District Dhule under Sections 498(A), 406, 323, 504 and 506 read with Section 34 of the Indian Penal Code.
The learned counsel submits that the matter was referred to Mediator and the applicants and first informant have amicably settled their dispute before the Mediator.
Accordingly, Criminal Application is allowed in terms of prayer clause B. Rule is made absolute in those terms.
Rule is made absolute in those terms.

Section :
Section 34 Indian Penal Code, 1860 Section 498(A) Indian Penal Code, 1860 Section 406 Indian Penal Code, 1860 Section 323 Indian Penal Code, 1860 Section 504 Indian Penal Code, 1860 Section 506 Indian Penal Code, 1860

Cases Cited :

JUDGEMENT

T. V. Nalawade, J.

1. Rule. Rule made returnable forthwith. Heard finally, with the consent of learned counsel for parties.

2. The present Criminal Application is filed by the applicants for quashing First Information Report bearing Crime No. 126 of 2018 registered at Sakri Police Station, District Dhule under Sections 498(A), 406, 323, 504 and 506 read with Section 34 of the Indian Penal Code. The learned counsel submits that the matter was referred to Mediator and the applicants and first informant have amicably settled their dispute before the Mediator. The Mediator submitted his report along with compromise deed. It bears signatures of both husband and wife, so also the advocates on record. Thus, the parties have amicably settled their dispute.

3. In view of nature of allegations and the report of Mediator about amicable settlement between applicant - husband and respondent - wife, this Court holds that relief needs to be granted in favour of applicants.

4. Accordingly, Criminal Application is allowed in terms of prayer clause “B”. Rule is made absolute in those terms.