Research › Search › Judgment

Bombay High Court · body

2015 DIGILAW 421 (BOM)

Chandrakant v. State of Maharashtra

2015-02-10

A.B.CHAUDHARI, P.N.DESHMUKH

body2015
JUDGMENT : A.B. Chaudhari, J. Rule. Rule is made returnable forthwith. Heard finally by consent of learned Counsel for the parties. Following is the prayer in Prayer Clause A(i) of the application. "In view of the fact that parties have amicably settled the dispute, quash and set aside the FIR dated 14.11.2013 registered by non-applicant No. 1 vide Crime No. 201 of 2013 by the non-applicant No. 1 Police Station and the charge-sheet filed against the applicants." 2. We have enquired from respondent No. 2-wife as to why she was not interested in claiming maintenance which she also stated before the learned Trial Court in HMP No. 176 of 2014. In answer, she stated that her husband-applicant No. 4 does not earn anything and some time goes for work for driving Auto-rickshaw. She, therefore, submits that she decided not to claim maintenance from him. 3. Learned Counsel for the parties have filed a Decree of Divorce by mutual consent before this Court that was passed by the Civil Judge (Sr. Dn.), Buldhana by which the marriage was dissolved w.e.f. 19th of January, 2015. Marriage had taken place on 6th of May, 2013. We thus find that non-applicant No. 2-wife who desires to have separation, husband has been allowed to do so. The non-applicant No. 2 has also filed an affidavit on record dated 3rd of February, 2015 in this proceedings after the Counsel of non-applicant No. 2 was asked to do so. We have seen the affidavit filed by her and we find that the compounding should be allowed in order that respondent No. 2 should live peacefully since she also does not want to live with her husband who does not earn anything. That being so, we pass the following order. ORDER Criminal Application (APL) No. 105 of 2014 is allowed. Rule is made absolute in terms of Prayer Clause A(i) of the application. Applicants to pay costs of Rs. 7000 to non-applicant No. 2 within two weeks.