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2025 DAILYLAW 73874 (BOM)

PRASAD HARI GULAVE AND ANOTHER v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/2749/2025 · 2025-11-21

Shri Hiten S Venegavkar, Smt Vibha Kankanwadi

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1146 CRIMINAL APPLICATION NO.2749 OF 2025 1 Prasad Hari Gulave, Age 24 yrs., Occ. Education, 2 Sangita w/o Hari Gulave, Age 49 yrs., Occ. Household, Both are r/o Plot No.12, Airport Housing Society, MHADA Colony, Near Dhoot Hospital, Aurangabad, Tq. & Dist. Aurangabad. … Applicants … Versus … 1 The State of Maharashtra Through Police Inspector, Police Station, MIDC – CIDCO, Aurangabad. 2 Pratiksha w/o Hari Gulave, Age 21 yrs., Occ. Household, R/o Dinwada, Tq. Gangapur, Dist. Aurangabad. … Respondents ... Mrs. Afreen R. Shaikh, Advocate for applicants Mr. R.B. Dhaware, APP for respondent No.1 Mr. B.N. Magar, Advocate for respondent No.2 ... 2025:BHC-AUG:32189-DB 2 1146_Cri.Appln_2749_2025_Compromise CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ. DATE : 21th NOVEMBER, 2025 ORDER : . Present application has been filed for quashment of the First Information Report vide Crime No.204/2023 dated 20.04.2023 registered with Police Station, MIDC – CIDCO, Aurangabad, for the offence punishable under Sections 498-A, 323, 328, 504 read with Section 34 of the Indian Penal Code, 1860. 2 Both the accused persons, who have been named in First Information Report, are the applicants before us. Applicant No.1 and respondent No.2 are the husband and wife. It is not in dispute that their marriage has solemnized on 28.06.2021. 3 Before filing this application, a petition bearing No.A-385/2023 was filed by applicant No.1 – husband against respondent No.2 – wife before learned Judge, Family Court, Aurangabad for divorce under Section 13-B of the Hindu Marriage Act, 1955. In the said petition respondent No.2 – wife had filed affidavit containing the terms of settlement on record. Even amount that was agreed is stated to be deposited. The said terms of 3 1146_Cri.Appln_2749_2025_Compromise settlement have been got read and recorded by a competent Court and those terms can be considered here in the present matter also. The compromise term No.7 in the said petition reads as under - “6½ vls dh] eh o vtZnkj dza-1 Hkfo";kr ?kVLQksVkuarj ,desdkafo:/n dqBY;kgh izdkjps QkStnkjh vFkok fnok.kh nkos nk[ky dj.kkj ukgh- rlsp ,desdkaP;k oS;fDrd vk;q";kr gLr{ksi dj.kkj ukgh-” 4 Herein also respondent No.2 has filed affidavit and reiterated the said terms once again. As per the said terms of settlement, respondent No.2 and applicant No.1 have decided to bury the differences and respondent No.2 - informant has given no objection for quashment of First Information Report. Since the dispute that arose was matrimonial dispute and now the parties i.e. applicant No.1 and respondent No.2 have decided to part, there is no hurdle in allowing the application. Hence, following order. ORDER i) Criminal Application stands allowed. ii) The First Information Report vide Crime No.204/2023 dated 20.04.2023 registered with Police Station, MIDC – CIDCO, Aurangabad, for the offence punishable under Sections 498-A, 323, 328, 504 read with 4 1146_Cri.Appln_2749_2025_Compromise Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Prasad Hari Gulave and 2) Sangita w/o Hari Gulave. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd