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2013 DIGILAW 2035 (BOM)

Pinki @ Priti w/o. Nitin Parate v. State of Maharashtra

2013-09-30

B.R.GAVAI, Z.A.HAQ

body2013
JUDGMENT B.R. GAVAI, J.:- Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties by consent. 2. The applicants have approached this Court for quashing and setting aside the criminal proceedings initiated by the applicant no.1 under Section 498-A read with Section 34 of the Indian Penal Code. 3. The applicant no.1 and applicant no.2 were married to each other. However, it appears that on account of matrimonial discord the applicant nos. 1 & 2 are no more living with each other. It further appears that on account of the matrimonial dispute, a FIR has been registered at the instance of applicant no. 1 against the applicant no.2, who is the husband and rest of the applicants who are relatives of the applicant no.2. 4. Further, it appears that in the matrimonial proceedings pending between the parties, a settlement has been arrived at. It is agreed that the parties would seek divorce by mutual consent. It has further been averred that an amount of Rupees Two Lakhs has already been deposited in the Family Court. The Apex Court in the case of B.S. Joshi and others vs. State of Haryana and another reported in (2003) 4 SCC 675 : [2003 ALL MR (Cri) 1162 (S.C.)] has held that if the matrimonial dispute has been settled between the parties, this Court should quash the criminal proceedings by invoking powers under Section 482 of the Criminal Procedure Code. 5. In that view of the matter, the Criminal Application is allowed. Rule is made absolute in terms of prayer clause (i). Application allowed.