Single judge of Bombay HC Criminal Appellate Jurisdiction granted a defense: a criminal complaint under IPC 498-A was quashed because the respondent husband was absent and unknown, despite the wife filing an ex-parte divorce decree.
Criminal Complaint No. 59 of 2007 quashed and Twinn Cr W P disposed of.
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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Cri W P No.1343_2012
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1343 OF 2012
Anita Bahl
-- Petitioner
V/s.
Pradeep Bahl @ Titu Bahl & Anr.
-- Respondents
Mrs. K.S. Kambli, Adv. i/b. Ms. Vandana & Monika, Adv. for the Petitioner.
Mrs. A.A. Mane, APP for the State, Respondent No.2.
CORAM : MRS. ROSHAN DALVI, J. DATE : 30th January, 2013.
P.C. :-
( ROSHAN DALVI, J.)
2 issues framed by the court
Whether a criminal complaint under Section 498-A IPC filed against a petitioner husband should be quashed in his absence.
Whether the wife's extrajudicial divorce decree affects the maintainability of the criminal complaint.
1 provisions across 1 enactments
Anita Bahl
Pradeep Bahl @ Titu Bahl
State (represented by A.A. Mane)
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
