In a criminal writ petition, the High Court of Bombay quashed a criminal report (C.R. No.747/06) lodged at the Malad police station, Mumbai, after finding that the dispute between the petitioner and her husband was amicably settled before the Family Court.
Quashed C.R. No.747/06 and all proceedings initiated consequent thereto.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.1372 OF 2007
Mrs. Sonali Ashish Prabhugaonkar .... Petitioner
Vs.
The State of Maharashtra & Ors. .... Respondents
Shri Satish Maneshinde for the Petitioner.
Ms U.V. Kejriwal, APP, for the State.
CORAM: R.M.S. KHANDEPARKAR &
Smt. V.K. TAHILRAMANI, JJ.
DATED: SEPTEMBER 17, 2007
P.C:
1. Heard the learned Advocate for the petitioner and
the respondent No.2, who is present in person. By the
present petition, the petitioner is seeking to quash the
C.R. No.747/06 which was lodged at the Malad police
station, Mumbai on 18-12-2006. It is the contention on
behalf of the petitioner that the dispute between
herself and her husband has been amicably settled before
the Family Court and already Consent Terms have been
filed, the copy of which is placed on record at page 40.
It is her further case that she does not want to pursue
the matter in relation to the complaint filed by her
against the respondents and prays for quashing of the
C.R..
2. On hearing the learned APP and perusal of the
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records, it seems that consequent to the amicable
settlement of the dispute between the parties, no
purpose will be served in carrying out the investigation
in terms of C.R. No.747/06 which was lodged at the
Malad police station, Mumbai. In this view of the
matter, therefore, we allow the petition and quash the
C.R. No.747/06. Needless to say, all the proceedings
which were initiated consequent to the said C.R.
No.747/06 consequently stand quashed. Order
accordingly. No order as to costs.
(Smt.V.K.Tahilramani, J.) (R.M.S.Khandeparkar, J.)
sjs/S7cwp1372.7
1 issue framed by the court
Whether to quash the criminal report lodged at the Malad police station in light of an amicable settlement.
Sonali Ashish Prabhugaonkar
The State of Maharashtra
R.M.S. Khandeparkar
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court