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2025 DAILYLAW 10059 (BOM)

PRAVIN S/O VISHNU GAIKWAD AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/804/2024 · 2025-08-07

Shri Sanjay A Deshmukh, Smt Vibha Kankanwadi

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 26 CRIMINAL APPLICATION NO.804 OF 2024 1 Pravin Vishnu Gaikwad, Age 38 yrs., Occ. Service, R/o Kolhegaon, Tq. & Dist. Kolhegaon. At present R/o C/o Future General India Life Insurance Co. Ltd., 402, 4th Floor, Moziayak Complex, Fergusson College Road, Bhamburda, Shivaji Nagar, Pune. 2 Saraswati w/o Vishnu Gaikwad, Age 72 yrs., Occ. Household, R/o Kolhegaon, Tq. & Dist. Osmanabad. 3 Mukesh Vishnu Gaikwad, Age 35 yrs., Occ. Private Service, R/o Sanja, Tq. & Dist. Osmanabad. 4 Vijay Vishnu Gaikwad, Age 32 yrs., Occ. Service, R/o Pune-Nagar Road, Perane Phata, Laxmi Nagar, Perane, Pune, Dist. Pune. 5 Kamal w/o Dhananjay Alte, Age 29 yrs., Occ. Household, R/o Masala, Latur, Tq. & Dist. Latur. 6 Sunita w/o Ajay Wadve, Age 27 yrs., Occ. Household, R/o Kolhegaon, Dhorala, Tq. & Dist. Osmanabad. … Applicants 2025:BHC-AUG:21263-DB 2 26_Cri.Appln_804_2024 … Versus … 1 The State of Maharashtra Through Secretary, Home Department, Mantralaya, Mumbai. 2 Sau. Surekha w/o Pravin Gaikwad, Age 35 yrs., Occ. Household, R/o Pandit Colony, Bhavsingpura, Aurangabad, Tq. & Dist. Aurangabad. … Respondents ... Mr. D.H. Jadhavar, Advocate for applicants Mr. G.A. Kulkarni, APP for respondent No.1 Mr. M.M. Parghane, Advocate for respondent No.2 ... CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ. DATE : 07th AUGUST, 2025 ORDER : . Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 initially for quashment of First Information Report vide Crime No.431/2021 dated 21.07.2021 registered with Cantonment Police Station, Aurangabad, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 3 26_Cri.Appln_804_2024 1860 and later on by way of amendment for quashing the proceedings in Regular Criminal Case No.63/2022 pending before learned Judicial Magistrate First Class, Aurangabad. 2 Learned Advocates for applicants and respondent No.2 submit that there is amicable settlement and respondent No.2 has resumed the cohabitation with applicant No.1. Affidavit has been got verified by learned Registrar (Judicial) and the report has been submitted on 28.07.2025. Since the offence was arising out of matrimonial dispute and it has been resolved, respondent No.2 has expressed that she does not want to proceed with the matter and has no objection for quashment of First Information Report and proceedings, there is no hurdle in allowing the application. Hence, following order. ORDER i) Criminal Application stands allowed. ii) The proceedings in Regular Criminal Case No.63/2022 pending before learned Judicial Magistrate First Class, Aurangabad arising out of First Information Report vide Crime No.431/2021 dated 21.07.2021 registered with Cantonment Police Station, Aurangabad, for the offence punishable 4 26_Cri.Appln_804_2024 under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Pravin Vishnu Gaikwad, 2) Saraswati w/o Vishnu Gaikwad, 3) Mukesh Vishnu Gaikwad, 4) Vijay Vishnu Gaikwad, 5) Kamal w/o Dhananjay Alte and 6) Sunita w/o Ajay Wadve. ( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd