Quashed

Umesh Ganesh Desai v. the State of Maharashtra and Anr.

Bombay HC24 Dec 2013APL/1239/2013

Case brief

AI extract

What is this about?

This Criminal Application sought the quashing of proceedings under Sections 498A and 406 IPC regarding marital disputes. The Court observed that the complainant had settled the dispute and expressed no objection to quashing. Relying on settled precedent, the Court quashed the pending criminal proceedings upon the complainant's consent.

What did the court decide?

Criminal case No. 448/PW/2010 and proceedings related to FIR No. I-250 of 2009 were quashed.

Umesh Ganesh Desai Vs the State of Maharashtra and Anr. — Matrimonial and Divorce | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1239 OF 2013

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Mr. Unmesh Ganesh Desai ] Hindu, Aged 36 years, ] Indian Inhabitant, Occ: Service ] R/o B1, Ajit Park, Somwar Bazar ] Malad (West), Mumbai 400 064 ].. Applicant

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Vs.

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The State of Maharashtra ] (FIR No. I-250/2009) registered with ] Malad Police Station ]

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Mrs. Shardul @ Shamika Unmesh ] Desai, Hindu, Adult, aged 30 years, ] Indian Inhabitant, Occ: Service, ] R/o 5A/501, Rajlaxmi Park, ] Near Vishal Mandir, Khorgaon, ] Kalwa (West), Thane ].. Respondents

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Mr. Mandar Limaye Advocate for applicant Mrs. M.M. Deshmukh A.P.P. for the State

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Mrs. Trupti Chavan i/b Pradip Chavan and Associates for Respondent No.2

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CORAM : SMT.V.K.TAHILRAMANI AND V.L. ACHLIYA, JJ. DATED : DECEMBER 24, 2013

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P.C.:

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1 Heard the learned advocate for the applicant-original

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accused no.1, the learned A.P.P. for the State and the learned

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counsel for the respondent no.2. The respondent no.2 i.e.

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1 of 3

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original complainant is present in person.

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2 The applicant is seeking quashing of entire proceedings relating to F.I.R. No. I-250 of 2009 registered with Malad Police Station, Mumbai under Sections 498A and 406 read with Section 34 of IPC. The said case is now numbered as R.C.C. No. 448/PW/2010 and is pending before 24th Metropolitan Magistrate, Borivali, Mumbai. The said F.I.R. has been lodged by respondent no.2 against the applicant, his father, mother and his sister.

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3 The complainant who is present in person, has stated that she was married to the applicant on 29.11.2008. Thereafter, marital disputes arose between the parties, hence, she lodged complaint in the present case against the applicant and his parents and sister. The applicant had also filed a petition for nullity of marriage before the Family Court. She has stated that the dispute has been amicably settled between the parties in the matrimonial proceedings and consent terms have been filed by the parties in this Court in F.C.A. No. 17 of 2013. She has further stated that in view of

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2 of 3

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the consent terms, she does not wish to prosecute her complaint and she has no objection to the entire case being quashed. Reliance is placed on various decisions wherein the disputes were settled and complainant did not wish to pursue his/her complaint and cases came to be quashed. The said decisions are:

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1) B.S.Joshi Vs. State of Haryana A.I.R. 2003 S.C. 1386; 2) Fahimuddin Vs. State of U.P. A.I.R. 1981 S.C. 2008(3).

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4 Looking to the fact that the respondent no.2 i.e. original complainant does not wish to pursue her complaint, we are of the opinion that this Court can consider the prayer of the applicant and quash the prosecution in the said case. Hence, R.C.C. No. 448/PW/2010 pending before 24th Metropolitan Magistrate, Borivali, Mumbai and the proceedings relating thereto, are quashed.

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5 Application is disposed of.

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[ V.L. ACHLIYA, J. ] [SMT. V.K.TAHILRAMANI, J.]

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kandarkar

Umesh Ganesh Desai v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Umesh Ganesh Desai v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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