REKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally with consent of parties at admission stage.

(2.) The petitioners/original accused are seeking quashing of the First Information Report bearing crime No.255 of 2021 registered with Pundlik Nagar Police Station, Aurangabad for the offence punishable under Sec. 498-A, 420, 406, 323, 504, 506, r/w 34 of the Indian Penal Code and under sec. 307 r/w 34 of the Indian Penal Code on the ground that the parties have arrived at amicable settlement.

(3.) Learned counsel for the petitioners in both the writ petitions and the learned counsel appearing for respondent no.2/informant in both the writ petitions submit that, the parties have worked out the consent terms and those terms are placed before the Court. The petitioner no.2 - Jay Harsukhlal Chauhan (husband of respondent no.2 - Prachi) in criminal writ petition no.1088 of 2021 and respondent no.2-Prachi Jay Chauhan have fled HMP No.F-308 of 2021 for a decree of divorce on mutual consent in terms of the provisions of Sec. 13-B of the Hindu Marriage Act, 1955 before the Family Court, Aurangabad and the said petition is pending. It is agreed between the parties that petitioner no.2-husband Jay Chauhan has to pay an amount of Rs.21.00 Lacs towards the permanent alimony of the respondent no.2. Further, as agreed between the parties, said amount has been deposited in the account of one Mr. Sunil Vishram Chawda, who is elderly and respected person from the community. It is further agreed between the parties that petitioner no.2 Jay (husband of respondent no.2) will arrange to give Demand Draft of the said amount in the name of respondent no.2 Prachi before the Family Court, Aurangabad. Parties thus agreed to withdraw all the proceedings initiated against each other. Learned counsel appearing for respondent no.2/informant submits that respondent no.2 Prachi is not willing to prosecute the present complaint and she gives her consent for quashing of the FIR No.255 of 2021 registered with Pundlik Nagar Police Station, Aurangabad.