Allowed

Sonnel Sadanand Shetty v. the State of Maharashtra and Anr.

Bombay HC28 Mar 2012APL/342/2012

Case brief

AI extract

What is this about?

This court allowed a criminal application under Section 482 CrPC to quash criminal proceedings based on a settled matrimonial dispute. The wife, who is the victim, requested quashing, leading to the dismissal of the claim despite the state's objection regarding compoundability.

What did the court decide?

The criminal proceedings C.C.No.1337/PW/2008 pending before the Additional Chief Metropolitan Magistrate, 24th Court at Borivali, Mumbai are quashed and set aside.

Sonnel Sadanand Shetty Vs the State of Maharashtra… — Matrimonial and Divorce | Bombay HC (2012)

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1APL 342-12.odt

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Anand

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLICATION NO.342 OF 2012

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Sonnel Sadanand Shetty.Applicant
 V/s.

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The State of Maharashtra & anr..Respondents

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Mr.U.S.Vanjara, Advocate, for the Applicant
Mr.Y.M.Nakhawa, APP, for Respondent No.1 - State
Mr.Jagdish Shetty, Advocate, for Respondent No.2

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CORAM:R.C.CHAVAN, J.
DATE:28TH MARCH, 2012

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P.C.

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.Not on board. Mentioned. Taken on

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board. This is an application under Section 482

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of the Code of Criminal Procedure for quashing

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the proceedings commenced by FIR No.290 of 2008
registered with Malad Police Station, Mumbai
culminating into filing of C.C.No.1337/PW/2008

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for the offence punishable under Sections 498A &
B, 324, 494 read with Section 34 of the Indian

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Penal Code against the applicant at the instance
of respondent No.2 - wife of the applicant.
Parties have amicably settled their matrimonial
dispute. A Decree has been passed according to

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2APL 342-12.odt

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Consent Terms filed in Petition No.F-1630 of
2008 in the Family Court at Bandra, Mumbai. The
respondent No.2 - wife is present in the Court
and has tendered an Affidavit stating that the
proceedings in C.C.No.1337/PW/2008 pending
before the learned Additional Chief Metropolitan
Magistrate, 24th Court at Borivali, Mumbai be
quashed & set aside. Though the learned APP has
a very strong objection and states that the
offences are not compoundable, since parties
have amicably settled their matrimonial dispute,
no useful purpose would be served in continuing

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theproceedings.Therefore,Criminal

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Application is allowed. The proceedings being
C.C.No.1337/PW/2008 pending before the learned

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Additional Chief Metropolitan Magistrate, 24th
Court at Borivali, Mumbai are quashed & set
aside.

Sonnel Sadanand Shetty v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sonnel Sadanand Shetty v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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