The High Court quashed the FIR and Charge Sheet in a judicial review proceeding regarding a domestic dispute where the prosecution was withdrawn by the wife voluntarily.
The prosecution initiated by respondent No. 2 vide FIR No.I-178/2010 and consequently Charge Sheet No.21/2011 are quashed and set aside.
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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Criminal Writ Petition No.144/2011
IN THE HIGH COURT OF JUDICATURE OF BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.144 OF 2011
Sanket Prabhakar Yadav & ors. VERSUS
... PETITIONERS
The state of Maharashtra & anr.
... RESPONDENTS
Shri S.S. Deve, Advocate for petitioners Shri V.D. Rakh, A.P.P. for respondent No.1. Shri K.G. Bhosale, Advocate for respondent No.2
CORAM : K.U. CHANDIWAL, J. DATED : 29th June, 2011.
PER COURT :
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Criminal Writ Petition No.144/2011
petitioner Sanket. Application for withdrawal is moved with free will without any coercion as the parties are educated and aware of the consequences. In the situation, in the light of the relations being patched between the couple, the prosecution initiated by respondent No.2 vide F.I.R. No.I-178/2010 of Jawaharnagar Police Station, Aurangabad is quashed and set aside and consequently, Charge Sheet No.21/2011 is also quashed and set aside. Writ Petition allowed to the extent as above.
fmp/cwp144.11
2 issues framed by the court
Whether the prosecution initiated under FIR No.I-178/2010 should be quashed in light of the withdrawal.
Whether the withdrawal of prosecution was voluntary and without coercion.
1 provisions across 1 enactments
Sanket Prabhakar Yadav & ors.
The state of Maharashtra & anr.
K.U. CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
