Allowed

Nilakshi Vilas Khater v. the State of Maharashtra

Bombay HC14 Aug 2008APPLN/527/2008

Case brief

AI extract

What is this about?

The applicant sought quashing of criminal proceedings under Sections 498-A and 34 IPC filed against respondents due to a settled matrimonial dispute. The Single Judge held that the filed consent terms evidenced a complete settlement, making this a fit case to quash proceedings to prevent prejudice.

What did the court decide?

Rule made absolute quashing proceedings based on prayer clause (B) regarding complete settlement via consent terms.

Nilakshi Vilas Khater Vs the State of Maharashtra — Matrimonial and Divorce | Bombay HC (2008)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

¶2

CRIMINAL APPLICATION NO.527 OF 2008
Nilakshi D/o.Dr.Vilas Khater.. Applicant
Vs.

¶3

The State of Maharashtra.. Respondent

¶4

Mr.V.A.Sugdare for the Applicant.
Mr.D.P.Adsule, A.P.P for the Respondent.

¶5

CORAM : A.S.OKA, J.
DATE : 14th August 2008.

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P.C.:

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.Rule.The learned A.P.P waives service.

¶8

Considering the controversy involved, service of rule to
the other respondents is dispensed with. Taken up for
hearing.

¶9

2.The petitioner lodged F.I.R against the 2nd to
4th respondents alleging commission of offence under
section 498-A read with section 34 of the Indian Penal
Code. The contention of the petitioner is that after
filing of the F.I.R there was a settlement between the
parties which was filed before the Family Court at
Aurangabad. A copy of the consent terms filed in the
Family Court has been annexed to the application.

¶10

3.The advocate for applicant pointed out that the
consent terms were duly signed by the petitioner and the
1st respondent. It is specifically stated therein that
the petitioner will not prosecute the criminal

¶11

: 2 :

¶12

proceedings on the basis of the said F.I.R. He submits
that considering the settlement between the parties,
power under section 482 of the Code of Criminal
Procedure, 1973 may be exercised for quashing
proceedings.

¶13

4.I have heard learned A.P.P appearing for the 1st
respondent. I have also perused the consent terms.
Perusal of the F.I.R shows that the same was an outcome
of the matrimonial dispute between the petitioner and
her husband. The consent terms filed in the Family
Court record complete settlement between the parties.
In view of the settlement, the petitioner-first
informant has herself approached this Court for quashing
the F.I.R. Hence, this is a fit case for exercising
power under section 482 of the said Code. Now, the
continuation of criminal proceedings will cause
prejudice to both the parties and in particular to the
petitioner. No purpose will be served by continuing the
proceedings.

¶14

5.Hence, I pass the following order:

¶15

.Rule is made absolute in terms of prayer
clause (B).

¶16

: 3 :

¶17

(A.S.Oka,J)

Nilakshi Vilas Khater v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nilakshi Vilas Khater v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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