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2025 DAILYLAW 75036 (BOM)

GANESH ARJUN AMBILDHAGE AND OTHERS v. THE STATE OF MAHARASHTRA AND ANOTHER

APPLN/1170/2024 · 2025-12-23

Shri Abasaheb D Shinde, Shri R G Avachat

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Judgment text

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1 Prd.1.APPLN.1170.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1170 OF 2024 GANESH ARJUN AMBILDHAGE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicants : Mr. Sunil G. Magre APP for Respondent/State : Mr. K.K. Naik Advocate for Respondent No.2 : Mr. L.P. Dushing h/f. Mr. S.B. Surse ... CORAM : R.G. AVACHAT AND ABASAHEB D. SHINDE, JJ. DATE : 23.12.2025 PER COURT: 1. Heard. 2. By this criminal application the applicants seek quashment of the criminal proceeding pending before the learned JMFC - 8, in R.C.C. No.2621/2023 filed under Sections 377, 498-A, 354, 323, 504, 506, 507 read with Section 34 of Indian Penal Code and under Sections 3 and 4 of Prohibition of Dowry Act, pursuant to FIR bearing No.200/2023. The learned counsel for the applicants as well as the learned counsel for the respondent No.2 - informant submits that the applicant No.1 and respondent No.2 - informant have filed the proceedings before the Family Court at Aurangabad, seeking divorce by mutual consent which has been allowed by the learned Family Court. In the said proceedings while 2025:BHC-AUG:37257-DB 2 Prd.1.APPLN.1170.24.odt seeking the divorce by mutual consent, it has been agreed between the applicant No.1 and respondent No.2 informant that the respondent No.2 – informant will give no objection for allowing this criminal application and quashment of the criminal proceeding which is subject matter of this criminal application. The learned counsel for the respondent No.2 - informant thus has no objection if the criminal application is allowed. Considering the same we pass the following order. O R D E R I. The criminal application is allowed in terms of prayer clause 'B'. “B-1. That the FIR bearing Crime No.200/2023 registered on 10.08.2024 with Jawahar Nagar Police Station Chh. Sambhajinagar for offence punishable U/sec. 377, 498-A, 354, 323, 504, 506, 507 and 34 of the IPC r/w. Sec. 3 and 4 of Prohibition of Dowery Act, 1961, Entire proceeding bearing RCC No.2621/2023 pending before the Ld. JMFC - 8 at Aurangabad and issue process dated 08.12.2023 may kindly be quashed and set aside.” II. Considering the nature of allegations and the time spend by the investigating machinery as well as the Court of law, we deem it proper to impose cost by directing the applicants to deposit Rs.15,000/- with Advocates' Library High Court of Bombay, bench at Aurangabad within a period of four (4) weeks. (ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) habeeb/