Vijay Shriram Devikar & Ors. v. State of Maharashtra & Anr.

Vijay Shriram Devikar & Ors. ..Applicants. v/s. State of Maharashtra & Anr. ..Respondents. .... Mr. Kedar J.Patil for Applicant. Mr. A.S.Shitole, A.P.P. for Respondent no.1/State. Mr. Nilesh Patil for Respondent no.2. .... CORAM : V.M.KANADE, J. DATE : 22ND JULY, 2010. P.C. 1 Parties have settled the dispute. The Respondent no.2 has filed an affidavit in reply. In reply she has stated that her husband- Respondent no.2 and Applicant no.1 have decided to stay together in the matrimonial house along with their daughter who is 11 years old. She has stated that in view of the settlement she has decided to withdraw all allegations against the Applicants in order to ensure that there is no ill-feeling in the mind of the parties. In view of the affidavit filed by the Respondent no.2 and the Applicant no.1, there is no 2 cri.appln. 3275.2010.doc impediment for quashing this complaint in view of the judgment of the Apex Court in the case of B.S.Joshi and others vs. State of Haryana and another reported in (2003) 4 SCC 675. Criminal complaint filed by the Respondent no.2 accordingly is quashed and the Application is allowed in terms of prayer clause (b). In the result, the Application is allowed. The FIR registered by Respondent No.2 dated

05.05.2009 with the Kannakiya police station, Mira Road, District Thane vide C.R.No.313 of 2009 for the offences punishable under sections 498-A, 323, 504 and 506 of the Indian Penal Code is quashed and set aside. 2 The learned counsel for the Applicant submits that the Applicant who is present in court, undertakes to withdraw the divorce case filed by him in the court of Civil Judge Senior Division, Thane vide Marriage Petition No. 308 of 2009. The Respondent No.2 also undertakes to withdraw the case under the Protection of Women from Domestic Violence Act, 2005 vide Misc. Application No. 490 of 2009 pending before the Judicial Magistrate First Class, Thane.

[ V.M.KANADE, J. ]