Allowed an application for quashing a criminal complaint filed by the wife for offences under Sections 498-A and 406 IPC. The application was permitted based on the claim of amicable settlement made in an affidavit and court statement.
The criminal complaint was quashed and the application for quash was allowed and 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.
907-apl-939-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.939 OF 2014
Zakir Ansari and Others |
...Applicants |
|---|---|
vs. |
|
The State of Maharashtra |
|
and Another |
...Respondents |
Mr. Kuldeep Patil, for the Applicants
Mrs. M.H. Mhatre, A.P.P., for the State.
Mr. Pramod Kathare, for Respondent No.2.
CORAM : V.M. KANADE &
P.D. KODE JJ.
DATE : SEPTEMBER 25, 2014
P.C.:
. Application is filed for quashing of
criminal complaint filed by respondent No.2 - wife
for the offences punishable under Sections 498-A
and 406 read with section 34 of Indian Penal Code.
She has filed an affidavit stating therein that all
the disputes between the parties have been amicably
settled.
1/2
Vishal Parekar
907-apl-939-2014
2. In view of an affidavit in reply filed and
the statement made by respondent No.2 in the Court,
the application will have to be allowed.
Application is allowed in terms of prayer clause
(a) and disposed of.
2/2
Vishal Parekar
2 issues framed by the court
Whether the criminal complaint for offences under Sections 498-A and 406 IPC read with Section 34 should be quashed.
Whether the averment of amicable settlement warrants allowing the quashing application.
Zakir Ansari and Others
The State of Maharashtra
Another
V.M. KANADE
P.D. KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court