Application to quash Section 498A IPC proceeding allowed on ground of amicable settlement and compliance with consent terms filed before family court. Counsel for State had no objection.
Application to quash the proceeding was allowed in terms of prayer clause (b).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[1]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 250 OF 2007
Ajay Vishnu Naik & Ors. ..Applicants
V/s
The State of Maharashtra & Anr. ..Respondents.
Mr. H.N. Mirashi, Advocate for the applicants.
Mr. S.V. Gajre, APP for the State.
Mr. T.R. Patel, Advocate for respondent nO.2.
CORAM : J.H. BHATIA, J.
DATE : 5TH APRIL, 2007.
P.C.
. Heard Mr. Mirashi, learned Counsel for the
applicants and Mr. T.R. Patel, learned Counsel for the
respondent No.2. Respondent No..2 is also present
before the Court in-person. She had filed case against
the applicants under Section 498A IPC. This application
is filed to quash the proceeding on the ground that the
parties have amicably settled the matter. The consent
terms have been filed before the family Court, Mumbai in
Petition No.A 405/2003 and as per the said consent terms
parties have taken divorce by mutual consent. Learned
Counsel Mr. Patel, for respondent No.2 states that the
said consent terms are fully complied with and he has no
objection to quash the proceeding. Therefore, in the
[2]
interest of justice the application is allowed in terms
of prayer clause (b).
(J.H. BHATIA, J.)
1 issue framed by the court
Whether the criminal proceeding under Section 498A IPC can be quashed upon settlement of the matter between parties.
1 provisions across 1 enactments
Ajay Vishnu Naik & Ors.
The State of Maharashtra & Anr.
J.H. BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court