Allowed

Saumitra Pratap Deva v. the State of Maharashtra and Anr.

Bombay HC12 Apr 2006WP/359/2006

Case brief

AI extract

What is this about?

Hon'ble High Court of Bombay (Criminal Appellate Jurisdiction) allowed a writ petition seeking quashing of an FIR registered against a husband under Sections 498-A and 406 IPC, noting that the parties had resolved all disputes via mutual consent divorce proceedings.

What did the court decide?

FIR registered as C.C. No. 279/PW/05 before the 32nd Metropolitan Magistrate Court, Bandra, Mumbai, was quashed.

Saumitra Pratap Deva Vs the State of Maharashtra and… — Writ and Judicial Review | Bombay HC (2006)

¶1

 FARAD CONTINUATION SHEET NO.
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION

¶2

CRIMINAL WRIT PETITION NO.359 OF 2006
 -------------------------------------------------------
 Office Notes, Office
 Memoranda of Coram, Court’s or Judge’s orders
 appearances, Court’s orders
 or directions and
 Registrar’s orders
 -------------------------------------------------------
 Mr.Shriniwas Kamble i/by A.M.
 Saraogi for the petitioner.
 Mr.Rajiv Mane for Respondent no.2.

¶3

 Mr.U.V.Nikam APP for the State.

¶4

Coram : R.S.Mohite,J
 Date : 12.4.2006.
 PC

¶5

 1. The affidavit filed by the
 respondent-wife is taken on
 record. Heard both sides.
 Rule. By consent, rule made

¶6

 returnable forthwith.

¶7

 2. The petition is filed for
 quashing C.C.No.279/PW/05
 pending before the 32nd
 Metropolitan Magistrate Court,
 Bandra, Mumbai. The same has
 been registered on the basis of
 a complaint lodged by the wife

¶8

 : 2 :

¶9

 alleging offence under Section
 498-A and 406 r/w 34 of IPC. It
 appears that husband and wife
 subsequently resolved their
 dispute. The husband has filed
 a petition in the family Court
 being M.J.Petition No.A-500 of
 2003 for grant of divorce. The
 petition was filed by mutual
 consent and consent terms have
 been filed therein resolving all
 the issues between the husband
 and wife including the custody
 of the child. The husband has
 agreed to deposit Rs.6,50,000/-
 in the Court to be paid to the
 wife and this amount has already
 been deposited by the husband in
 the trial Court. The wife is
 entitled to withdraw this amount
 after quashing of the FIR which
 has resulted in criminal case
 no.279/PW/05. Taking into
 consideration the fact that
 parties have resolved all their
 disputes and an affidavit has
 been filed by the
 respondent-wife giving her no
 objection for quashing of the

¶10

 : 3 :

¶11

 FIR, the petition is allowed in

¶12

 terms of prayer clause-(a).
 Rule is made absolute in the
 aforesaid terms. Petition
 stands disposed of.

¶13

(R.S.Mohite,J)

Saumitra Pratap Deva v. the State of Maharashtra and Anr.

Case brief

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Saumitra Pratap Deva v. the State of Maharashtra and Anr.

Case brief

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