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2013 DIGILAW 1628 (BOM)

Sow, Sukeshini v. State of Maharashtra

2013-08-19

A.I.S.CHEEMA, NARESH H.PATIL

body2013
JUDGMENT NARESH H. PATIL, J. 1. Leave to correct the name of Applicant No. 1. 2. Rule. Rule made returnable forthwith and heard finally, by consent. 3. The Applicants seek to quash first information report in Crime No. 50 of 2013, registered at Beed City Police Station, Beed, for the offence punishable under Section 498A, 313, 323, 504, 506 read with 34 of the Indian Penal Code. 4. The Applicant No. 4 - Rahul Satwaji Dhaieje, was married to Respondent No. 2 - Archana Rahul Dhaieje, on 1.5.2012. The Respondent No. 2 wife filed complaint, wherein allegations were made against the Applicants. 5. The Respondent No. 2 and Applicant No. 4 have submitted Minutes of Compromise (in all six paras), verified by all the parties i.e. the Applicants and the Respondent No. 2. The parties are present in the Court, they are identified by the respective counsel. 6. In the Minutes of Compromise, it is contended in Para Nos. 2 and 6 as under:- "2. That, the party no. 4 (i.e. applicant no. 4), who is the husband of party no. 5 and party no. 5 do not wish to continue their matrimonial relationship and wish to end the same by filing appropriate petition for mutual consent divorce before the Hon'ble Court at Beed having jurisdiction." "6. That, the party no. 5 has no objection if the First Information Report in Crime No. 50 of 2013, registered at Beed City Police Station at her instance against the party no. 1 to 4 for offence punishable u/section 498(A), 313, 323, 504, 506 r/w. 34 of the Indian Penal Code and proceedings arising out of the said Crime is quashed as the First Information Report was lodged by the party no. 5 in fit of rage against the party no. 1 to 4 and party no. 5 has no grievance remaining against the party no. 1 to 4 of whatsoever nature." 7. In the facts of the case and considering the Minutes of Compromise filed, we find it appropriate to quash and set aside the first information report in Crime No. 50 of 2013. However, we make it clear that quashment of first information report shall not be considered as acceptance of the terms of Compromise enlisted in Para Nos. 3, 4 and 5. 8. However, we make it clear that quashment of first information report shall not be considered as acceptance of the terms of Compromise enlisted in Para Nos. 3, 4 and 5. 8. The first information report in Crime No. 50 of 2013, registered at Beed City Police Station, Beed, for the offence punishable under Section 498-A, 313, 323, 504, 506 read with 34 of the Indian Penal Code, is quashed and set aside. 9. Rule is made absolute on the terms indicated above. Petition allowed.