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2023 DIGILAW 23 (BOM)

Piyush v. State Of Maharashtra

2023-01-03

A.S.CHANDURKAR, URMILA JOSHI-PHALKE

body2023
JUDGMENT Urmila Joshi-Phalke, J. - Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel for the parties. 2. By preferring this application, the applicant seeking relief for quashing of First Information Report vide Crime No.489 of 2021 registered at Police Station Nandgaonpeth, Amravati for the offence punishable under Sections 324, 498-A, 504 and 506 read with Section 34 of the Indian Penal Code. 3. Non-applicant No.2 has lodged the report against the present applicant alleging that her marriage was performed with applicant on 02/12/2020. Her husband is serving in Merchant Navy. After marriage she resumed cohabitation at her matrimonial house. She was ill-treated and harassed by applicant. Her father though given him Rs.3,00,000/- (Rs. Three Lacs) for purchase of the house but applicant had not returned the said amount. Whenever she demands the amount, her husband assaults her. On the basis of said report, police have registered the offence against the applicant. 4. On the basis of the allegations, offence was registered against the present applicant. During the pendency of the application, applicant and the non-applicant No.2 amicably settled the dispute and decided to obtain the mutual consent. They both have already preferred the petition before the trial Court. In response to the notice, non-applicant No.2 appear and accepted the contentions of the applicant. The non-applicant No.2 is also present before the Court. We have personally interacted with the non-applicant No.2 and she accepted the statement that both parties have settled the matter amicably and she has no grievances against the applicant. 5. In such circumstance, considering the matrimonial dispute between the parties, which is amicably settled. The application deserves to be allowed. 6. In view of the above, we proceed to pass the following order. ORDER (i) The application is hereby allowed. (ii) In view of settlement between the parties, the First Information Report vide Crime No.489 of 2021 registered at Police Station Nandgaonpeth, Amravati for the offence punishable under Sections 324, 498-A, 504 and 506 read with Section 34 of the Indian Penal Code against the present applicant is quashed and set aside. (iii) Rule is made absolute in the aforesaid terms.