High Court quashed a criminal complaint under Sections 498-A and 406 IPC r/w Section 34 IPC as the respondent raised no objection, consent terms were executed with payment and custody, and a divorce by mutual consent was already decreed.
Complaint quashed in terms of prayer clause (b) based on consent of parties.
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suresh
904-WP-2236.2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
WRIT PETITION NO.2236 OF 2014
Ulesh Narayan Gajakosh
& Others.... Petitioners
Vs.
Mrs. Anita Ulesh Gajakosh
& Another.... Respondents
Ms Hemali M. Sakhare for the Petitioners.
Ms M.H. Dhotre, APP, for the State.
CORAM: V.M. KANADE &
P.D. KODE, JJ.
DATED: SEPTEMBER 23, 2014
P.C:
Heard learned counsel appearing on
behalf of the petitioners and learned counsel
appearing on behalf of respondent No.1. The
learned counsel for the petitioners states that
the petition is filed for quashing of a
criminal complaint filed by respondent No.1 for
offences punishable under Sections 498-A and
Page 1 of 2
suresh 904-WP-2236.2014
406 r/w Section 34 of the IPC. Respondent No.1
is present in the Court. She has stated that
she has no objection if the complaint is
quashed. Consent Terms are annexed to the
petition. Respondent No.1 has received an
amount of Rs.8,00,000/- and custody of her
daughter. She is working and a decree of
divorce by mutual consent has already been
passed by the Family Court, Bandra, Mumbai. In
view of this, there is no difficulty in
quashing the complaint by consent of the
parties. The application is accordingly allowed
in terms of prayer clause (b) and is disposed
of.
1 issue framed by the court
Whether the complaint under Sections 498-A and 406 IPC can be quashed in view of the parties' consent and decree of divorce by mutual consent.
Ulesh Narayan Gajakosh & Others
Mrs Anita Ulesh Gajakosh & Another
V.M. Kanade
P.D. Kode
As recorded by the court registry
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