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Judgment
Rule made returnable forthwith.
Heard finally by consent of the learned counsels
appearing for the parties.
The petition challenges the First Information
Report No. 199 of 2013 lodged at the instance of respondent
No.2 - Sau. Pooja Devendra Lende in the Police Station at
Hudkeshwar, Nagpur, against the petitioners for the offence
under Sections 498-A, 313, 504 read with Section 34 of
Indian Penal Code.
Notice was issued in this matter. The
respondent No.2 - Sau. Pooja has appeared in person
before this Court and she is identified by the learned counsel
Shri S.P.Pawar.
The parties informed this Court that there is a
mutual settlement, which has been entered into between the
parties on 24.08.2017 and the consent terms are filed in the
Hindu Marriage Petition No. A-104/2017, pending in the
Family Court No.2 at Nagpur. According to the consent
terms, the respondent No.2 has undertaken to withdraw the
complaint made by her against the petitioner Nos.1 to 3.
We have verified the fact and ascertained about
the correctness of the terms and conditions from the
respondent No.2 as well as the petitioners. The parties have
agreed to get the divorce by mutual consent. The
respondent No.2 is not, therefore, interested to proceed
further with the prosecution of the offences.
In view of above, no purpose will be served in
keeping the matter pending and in view of the decision of the
Hon''ble Apex Court in case of Gian Singh vrs. State of
Punjab, reported in (2012) 10 SCC 303, the first information
report and the further proceeding pending in the Court of
Judicial Magistrate, First Class, Nagpur, will have to be
quashed and set aside.
In the result, writ petition is allowed and the
following order is passed.
First Information Report No. 199 of 2013, dated
30.06.2013 and the Regular Criminal Case No. 3891 of 2013
pending in the Court of 13th Judicial Magistrate, First Class at
Nagpur, in respect of offence under Section 498-A, 313, 504
read with Section 34 of Indian Penal Code against the
petitioners are hereby quashed and set aside by mutual
consent. No order as to cost.