M.G. Giratkar, J.

1. Heard Shri Shinde, learned counsel for the applicants and Shri Joshi, learned Additional Public Prosecutor for the State/ respondent no. 1.

2. Rule. Rule made returnable forthwith.

3. Present application is filed under section 482of the Code of Criminal Procedure, 1973 for quashing charge-sheet No. 39/2011 in Crime No. 37/2011 dated 3-11-2011 for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code and under section 4of the Dowry Prohibition Act registered by Police Station, Dhamangaon (Bade), Tahsil Motala, District Buldana.

4. It is submitted that the respondent no. 2 is the wife of the applicant no. 1. Their marriage was performed before 15 years back. They are having two children, namely, Chetan and Sujata. The respondent no. 2 lodged report in the Dhamangaon (Bade) Police Station alleging that the applicants demanded Rs. 50,000/- and tried to kill her. On her report, offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code and under section 4of the Dowry Prohibition Act were registered. After completing investigation, prosecution has filed charge-sheet against the applicants.

5. It is submitted that due to misunderstanding between the applicant no. 1 and respondent no. 2 (husband and wife) and due to hot talk between them, the respondent no. 2 lodged report. Now the applicant no. 1 and respondent no. 2 are residing together happily with their two children. Now, there is no dispute between them. They are having cordial relations, therefore, it is necessary to quash the charge-sheet filed by the prosecution and at last, it is prayed to quash and set aside the charge-sheet.

6. It is the submission of Shri Shinde, learned counsel for the applicants that the applicant no. 1 and the respondent no. 2 are residing together. Case is pending before the Judicial Magistrate First Class, Motada, District Buldana against the applicants. Looking to the submissions of learned counsel for the applicants, as husband and wife have settled the matter and further to keep their relations good, it is necessary to quash and set aside the charge-sheet.

7. In view of the judgments of Honble Apex Court in the case of Gian Singh v. State of Punjab and anr. [2013 ALL SCR 171] and this Court in Ashraf Mohammad Calcattawala and ors. v. The State of Maharashtra and anr. [2015 ALL MR (Cri) 1778], this Court can compound the offences in matrimonial matters. Hence, application is allowed in terms of prayer clause (1).

8. charge-sheet in Crime No. 37/2011 filed by Police Station, Dhamangaon (Bade), Tahsil Motala, District Buldana pending on the file of the Judicial Magistrate First Class, Motada, District Buldana is hereby quashed and set aside.

Order accordingly.