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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (APL) NO. 581 OF 2021

1. Rohini Chinmay Tapkir,

Aged 27 years, Occ. Service,

R/o. Pramod Nagar, Kaulkhed,

Akola.

2. Chinmay Suresh Tapkir,

Aged 34 years, Occ. Service

3. Rajani Suresh Tapkir,

Aged 60 years, Occ. Home-maker

4. Suresh Tarachandji Tapkir,

Aged 66 years, Occ. Retired

No. 2 to 4 R/o. B-901, Sanskruti Society,

Wakad, Pune.

5. Suruchi Nainish Sahare,

Aged 39 years, Occ. Home-maker,

R/o. C-1201, Sanskruti Society,

Wakad, Tah. & Dist. Pune.

. . . APPLICANTS

...V E R S U S..

State of Maharashtra through P.S.O.

Police Station Khadan, Akola.

. . . NON-APPLICANT

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Shri U. J. Deshpande, Advocate for applicants.

Ms. Mrunal A. Barabde, A.P. P. for non-applicant/State.

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CORAM :- V. M. DESHPANDE AND

AMIT B. BORKAR, JJ.

DATED :- 24.06.2021

ORAL JUDGMENT (PER : V. M. DESHPANDE, J.) :-

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1.

Hearing was conducted through Video Conferencing and

learned counsel agreed that the audio and visual quality were proper.

2.

Rule. Rule is made returnable forthwith. Heard finally by

consent of the parties.

3.

By this application the applicants are praying for setting

aside the First Information Report (FIR) bearing Crime No. 42/2019

dated 28.01.2019 registered against the applicant nos. 2 to 5 with

Police Station Khadan, Akola for the offence punishable under Sections

498A, 323, 504 read with 34 of the Indian Penal Code and consequent

charge-sheet filed in the said crime before the jurisdictional Magistrate,

which is culminated into Regular Criminal Case No. 1267/2020

pending in the file of Judicial Magistrate First Class, Court No. 3,

Akola.

4.

This application for quashment, is filed by the complainant

and the accused jointly.

5.

The applicant no. 1- Rohini Chinmay Tapkir is original

complainant, who lodged the FIR bearing No. 42/2019 with Police

Station Khadan, Akola against the applicant nos. 2 to 5. The complaint

lodged by the applicant no. 1 disclose commission of cognizable

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offence and therefore, Police Officer of Police Station Khadan, Akola

registered an offence against the applicant nos. 2 to 5 for the offence

punishable under Sections 498A, 323, 504 read with 34 of the Indian

Penal Code. The Investigating Officer thereafter completed entire

investigation and file charge-sheet in the Court of learned jurisdictional

Magistrate. After filing of charge-sheet, the case is registered in the

Court of learned Judicial Magistrate First Class, Court No. 3, Akola as

R.C.C. No. 1267/2020.

6.

By this application, the complainant alongwith accused

persons are praying for quashing of the FIR on the grounds that the

applicant no. 1 and the applicant no. 2 have settled their dispute

amicably.

7.

This application under Section 482 of the Code of Criminal

Procedure is on affidavit of the applicant no. 1- Rohini Chinmay Tapkir

and the applicant no. 2- Chinmay Suresh Tapkir.

8.

On perusal of the application as well as the documents

annexed alongwith the application would show that the applicant no. 1

and the applicant no. 2 have jointly filed petition under Section 13B of

the Hindu Marriage Act for claiming divorce in the Family Court,

Akola. The said case was registered as as F-55/2021. In the said

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proceeding, compromise took place in the Family Court and

accordingly the applicant no. 1 and 2 filed a compromise petition

dated 19.04.2021. The compromise petition is at Exh.9 in the

marriage petition bearing no. F-55/2021. Exh.9 is also placed on

record alongwith this application.

9.

The learned Judge of the Family Court, Akola on

19.04.2021 allowed the petition F-55/2021 and granted decree of

d