The court quashed an FIR for dowry harassment after the respondent-wife stated she had no objection to quashing the complaint.
Quashing of the FIR filed by the respondent-wife for offences under Sections 498-A, 323, 504 and 506 IPC.
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63-apl-552-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.552 OF 2014
Gitesh Madhusudan Sawant & Ors. ...Applicants
vs.
Mrs.Pooja Gitesh Sawant and Anr. ..Respondents
Mr.Saeed Kadu, for the petitioner.
Mrs.M.M.Deshmukh, APP for the State
Mr.Gafoor Khadir, for respondent No.2.
CORAM : V.M. KANADE &
P.D. KODE JJ.
JUNE 17, 2014
P.C.
.This application has been filed for
quashing of the F.I.R. filed by the respondentwife
for the offence punishable under Sections 498A,
323, 504 and 506 read with 34 of Indian Penal Code.
2.We have interviewed respondentwife. She
has stated that she has no objection if the
complaint is quashed. She has submitted that the
main allegation was demand of dowry and the rests
of the allegations against the husband are not
serious. She submitted that the complaint,
therefore, filed against the husband, be quashed.
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63-apl-552-2014
3.In our view, and as per the statement made
by the respondentwife, we are of the view, that
the quashing of F.I.R. is in the best interest of
the wife, since she is a young woman aged 27 years
old and there is every possibility that she may get
remarried and may live normal married life
happily. We are, therefore, satisfied that the
ratio of the judgment in “B.S. Joshi vs. State of
Haryana” 1squarely applies to the facts of the
present case. Her affidavit is taken on record.
4.Petition is, therefore, allowed in terms
of prayer clause(a) and is disposed of accordingly.
1. 2003(4) SCC 675.
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1 issue framed by the court
Whether an FIR for dowry harassment can be quashed based on the wife's statement indicating no objection.
Colour shows how this judgement treated each authority
B.S. Joshi vs. State of HaryanaApplied¶15
B.S. Joshi vs. State of Haryana 2003(4) SCC 675 · Who else cites this
1 provisions across 1 enactments
Gitesh Madhusudan Sawant & Ors.
Mrs. Pooja Gitesh Sawant
Anr.
V.M. Kanade
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court