1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2986 OF 2009 Atish Murlidhar Tak and others Versus State of Maharashtra and another *** Mr. S. R. Dheple, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. Mr. N. K. Tungar, Advocate i/b Mr. C. F. Sengaonkar, Advocate for Respondent No.2. *** 1. Heard learned counsel. Rule, returnable forthwith. By consent of the parties, the matter is finally heard. 2. Crime No.I-39 of 2003 dated 22nd March, 2009, initiated by the wife against the husband Atish, for an offence under section 498-A, 323, 504, 506 read with 34 of Indian Penal Code is the subject of challenge and criticism at the behest of the husband and other relations. The parties could not sail well, ultimately they had proceedings before the learned Principal Judge, Family Court at Aurangabad. Record indicate [Exhibit-B, page 11] that the wife Kirti and the husband Atish have resolved their 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. controversies. The statement was recorded. Pursuant to the statement, an amount of Rs.5 Lakhs is deposited by the husband, received by the wife. Para 15 of the consent terms reads, as under: "15. That the petitioner no.1 has agreed and hereby declared that she shall withdraw criminal proceeding i.e. RCC No. 584/03 pending in IV JMFC and Cri. M.A. 09/2008 pending before Principal Judge Family Court Aurangabad or any other proceeding if are pending in any Court/ Institution/ forum against each of them or their respectively family, or family members in any manner. Further the petitioners or their family members shall not file any claim/ petition/ complaint against each other in relation to marital affairs." . The reference to RCC 584/03 in the said paragraph is in context to the Crime No.I-39 of 2003. 3. The powers vested in this Court in terms of 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. section 482 can be exercised taking recourse to section 320 of Criminal Procedure Code. In the matter of "B.S.Joshi and others V/s State of Haryana and another" [(2003) 4 SCC 675] in a matrimonial dispute arising out of controversies inviting infraction under section 498-A, 323, 406 of IPC, the Apex Court considering the facts of the said case, allowed the compounding. Considering the nature of allegations between the parties litigating here, I find even otherwise the accusations will not stand for its ultimate favourable analysis in favour of the wife, against the husband and other relations. Since the matter is worked out, as indicated above, there should not be any hesitation in allowing the quashment of the proceedings in terms of section 482 of Cr.P.C. as continuation of the proceedings will be a humiliation and oppression against both the sides. They want to lead their life independently and happily. Consequently, the proceedings commenced 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. owing to Crime No.I-39 of 2003 [RCC 584 of 2003] are quashed and set aside/ Rule made absolute in above terms. [K. U. CHANDIWAL, J.] Dated:07/09/2009. ans/2986