Petitioners sought quashing of criminal proceedings under Section 498-A IPC due to settlement between respondent husband and wife before family court wherein terms were complied with.
Quashing of criminal proceedings under Section 498-A read with Section 34 IPC pending before learned Metropolitan Magistrate.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.211 OF 2006
Bhanumati Shyamnarain Singh & Ors. ...Petitioners Vs. The State of Maharashtra & Ors. ...Respondents
Ms Kinjal Havia i/by Shri J.S.Kini for the Petitioners. Shri A.S.Shinde, A.P.P. for the Respondent No.1. Shri Amit Jambhotkar for the Respondent No.2.
CORAM : A. S. OKA, J. DATE : AUGUST 16, 2006.
P.C.:
Respondent No.2 waives service. Considering the facts and circumstances, taken up for hearing forthwith.
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| the | F.I.R., | th |
e R |
esponde | nt No |
.1 h |
as | filed ch |
argesheet |
|---|---|---|---|---|---|---|---|---|---|
| in | the | court | in | the | learned | Metr | opolitan | M | agistrate, |
| Mumbai. | The | third | Res | pondent | is the |
husb |
and of |
the | |
| second | Respon | dent. | The | third | Re | spondent | filed |
a | |
| Petition | for | d | ivorce | in | the Fa |
mily | Court | at | Mumbai. |
| It | is | stated | in | this | Petition | that | on | 20th | January, |
| 2006 |
consent | terms | were | fi |
led in |
the | said | Petition |
and |
| the | dispute | bet | ween | the | se | cond | and | the | third |
| Respondent | has | been | fin | ally s |
ettled. | Paragraph | Nos.8 |
and 9 of the consent terms filed before the Family
Court read thus:
| "8. | The respondent shall | withdraw the | |
|---|---|---|---|
| said amount |
after the |
disposal | of the |
| criminal | case pending |
at | Metropolitan |
| Magistrate, | Andheri | Court, vide |
No.463/:/03, |
| CR.No.15/03, | under Section |
498A | of IPC, |
either by compounding/withdrawal of the same.
where the respondent shall give her complete
co-operation."
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proceedings of the criminal case pending before the
court of the learned Metropolitan Magistrate.
| informant | has | filed af |
fidavit | dated | 17th | April, | 2006. |
|---|---|---|---|---|---|---|---|
| In the |
said | affidavit | the | second | Respondent | has | |
| confirmed | correct | ness of |
the | material | aver | ments | made |
in the Petition. Paragraph No.4 of the said affidavit
reads thus:
"4. I state that in pursuance of the
| consent | term | s filed |
before the Family |
Court, | |||
|---|---|---|---|---|---|---|---|
| the | Res | pondent | No.3 | has further dep |
osi | ted a |
|
| sum | of | Rs.6,93, | 000/- | with the Family |
Court | ||
| to | be | paid to |
me. | Hence the |
p | roceedings | |
| against | the | Petit | ioners | and Respondent |
Nos.3 | ||
| and | 4 | initiated | in | pursuance of my |
F.I.R., |
vide C.C.No.463/p/2003 (Exhibit ‘A’ to the
Petition) be quashed."
Respondent No.2 states that the F.I.R. was filed as a
... 4 ...
result of matrimonial dispute between the second and
third Respondent and as there is complete settlement
of dispute, he has no objection if prayer clause (a)
is granted. I have heard the learned A.P.P. for the
State.
Accordingly, Rule is made absolute in terms of prayer
clause (a). There will be no orders as to costs.
authenticated copy of this order.
JUDGE
2 issues framed by the court
Whether proceedings under Section 498-A IPC can be quashed on account of settlement between respondents
Whether satisfaction of consent terms filed before Family Court justifies quashing of criminal proceedings
Bhanumati Shyamnarain Singh & Ors.
The State of Maharashtra
A. S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
