This court quashed a criminal case against applicants in which the accused wife expressed readiness to withdraw her allegations against her husband and others following a matrimonial dispute.
Criminal Case bearing R/SCC No. 843/2011 is quashed.
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( 1 ) cria1582.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1582 OF 2012
Bhaulal s/o. Shamlal Tarde & Ors.
..Applicants
Versus
The State of Maharashtra & Anr...Respondents
Mr. Amit S.Deshpande, Advocate for the applicants.
Mr. G.R. Ingole, A.P.P. for respondent No.1/State.
Mr. Pawan K. Lakhotiya and Mr. R.P. Adgaonkar, Advocate
for respondent No.2.
CORAM : A.V. NIRGUDE,J. DATED : 27.04.2012
P.C. :-
1.The applicants are accused in Crime No.2 of 2011
of Chikalthana Police Station, Aurangabad. The offence
alleged against them is punishable under sections 307,
498(A) read with 34 of the Indian Penal Code. Respondent
No.2 is wife of applicant No.3. Respondent No.2 has
alleged in her complaint that applicant No.4 forced her
to consume tea which was added with poison. The
complaint apparently arose from matrimonial dispute.
Respondent No.2 is now ready to withdraw her allegations.
She has come before the Court today and has filed
affidavit saying that she does not want to continue this
case and that she has already decided to divorce
applicant No.3. The parties are present before the Court
and they admit this position.
2.Having regard to the facts of the case, I
realize if respondent No.2 does not support the
prosecution case at the time of trial, there is no
possibility of conviction of any of the applicants. So,
allowing the trial to continue would amount to waste of
time. In view of this and in view of the judgment of the
Supreme Court in the case of Mahesh Chand Vs. State of
Rajasthan, 1988 AIR (SC) 2111, the application stands
allowed. Criminal Case bearing R/SCC No. 843/2011 stands
quashed.
snk/2012/APR12/cria1582.12
1 issue framed by the court
Whether the criminal trial should be quashed in view of the withdrawal of allegations by the wife.
Colour shows how this judgement treated each authority
Mahesh Chand Vs. State of RajasthanExplained¶13
Mahesh Chand Vs. State of Rajasthan, 1988 AIR (SC) 2111 · Who else cites this
1 provisions across 1 enactments
Bhaulal s/o. Shamlal Tarde & Ors.
The State of Maharashtra
Respondent No.2
A.V. NIRGUDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court