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2013 DIGILAW 1916 (BOM)

Nandkumar P. Patil v. State of Maharashtra

2013-09-19

SADHANA S.JADHAV

body2013
JUDGMENT 1. Heard. 2. Revision Application is taken up for final hearing with the consent of the parties. 3. The Applicant herein was convicted for offence punishable under Section 498-A of the Indian Penal Code by the Chief Judicial Magistrate, Thane in RCC No.71 of 2008 vide judgment and order dated 24th February 2010. 4. Being aggrieved by the said judgment and order, the Applicants have preferred the Appeal before the District and Sessions Court at Thane. The Additional Sessions Judge, Thane vide judgment and order dated 16th July 2012 has been pleased to dismiss the Appeal by modifying sentence awarded by the Trial Court. Hence, this Revision Application. 5. This is Matrimonial dispute. During the pendency of this Revision Application, the parties have amicably settled the matter. It is in the interest of the family that, the parties have filed Consent Terms on record. The Applicants and the intervenor Respondent are personally present in the Court. The Consent Terms are taken on record and marked as Article "X". The respective parties undertake to abide by the terms and conditions incorporated in the Consent Terms which are filed on record. The Respondent is permitted to withdraw the amount of Rs.2,75,000/- (Two lacs, seventy five thousands only) which is paid by the Applicants in the present proceedings. The Applicants undertakes to comply with the condition no.5 of the Consent Terms. 6. In view of the Consent Terms filed on record, the Revision Application is allowed. 7. The judgment and order passed by the Chief Judicial Magistrate, Thane dated 24th February 2010, in Regular Criminal Case No. 71 of 2008 sentencing the Applicants to suffer R.I. for one and half year and to pay fine of Rs.2,500/-, in default, to suffer further Rigorous Imprisonment for three months and Applicant no.2, to suffer Rigorous Imprisonment for three months and fine of Rs.2,500/- in default to suffer R. I. for one months which was confirmed by the Sessions Court, Thane is hereby quashed and set aside. 8. The Applicants are acquitted of all the charges levelIed against them. 9. Revision Application stands disposed of. Revision allowed.