Allowed

Anish S/O Ashwani Chopra and Ors. v. the State of Maharashtra and Anr.

Bombay HC16 Jun 2016APL/68/2016

Case brief

AI extract

What is this about?

This judgment quashes a First Information Report registered under Sections 498-A, 406, 323, 504, 506, and 34 IPC. The court held that since the matrimonial dispute was settled via a Memorandum of Understanding and a decree of divorce by mutual consent was passed, continuing criminal proceedings served no purpose and would cause prejudice to both parties.

What did the court decide?

The First Information Report (Crime No. 276/2015) for offences under Sections 498-A, 406, 323, 504, 506 & 34 IPC was quashed and set aside.

Anish S/O Ashwani Chopra and Ors. Vs the State of… — Cheque Dishonour | Bombay HC (2016)

¶1

1/3

¶2

apl-68-16.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CRIMINAL APPELLATE JURISDICTION

¶5

CRIMINAL APPLICATION NO.68 OF 2016

¶6

Anish and anr. ...Applicants v/s. State of Maharashtra & ors. ...Respondents

¶7

Mr.Satishkumar R. Soni for the Applicants. Mrs.M.H.Mhatre, APP for the State. Ms.Pooja Shrevenkumar Agarwal for Respondent No.2.

¶8

CORAM : A.S.OKA &

¶9

A.A. SAYED, JJ. DATED : 16 JUNE 2016

¶10

P.C.:

¶11

(Not on Board. Taken on Board)

¶12

Heard the learned Counsel appearing for the Applicants, the learned APP for the State and the learned Counsel appearing for the second Respondent.

¶13

Rule. Respondents waive service. Forthwith taken up for final hearing.

¶14

The prayer in this Application under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is for quashing the First

1/3

Uday.P.Kambli

2/3

apl-68-16.doc

Information Report registered for the offences punishable under Section 498-A, 406, 323, 504, 506 read with Section 34 of the Indian Penal Code. The first Applicant is the husband of the second Respondent. There is a reply filed by the second Respondent. In the reply, it is stated that the matrimonial dispute between the first Applicant and the second Respondent

¶20

has been settled. A reliance is placed on the Memorandum of Understanding dated 14 June 2016, by and between the first Applicant and the second Respondent, in which the terms and conditions of the settlement have been incorporated. The receipts signed by the second Respondent acknowledging payment of money and the delivery of articles are annexed. The receipts signed by the first Applicant recording receipt of possession of the documents in relation to the car are also annexed.

¶21

Learned Counsel for the Applicant and the learned Counsel for the second Respondent, on instructions, state that today the learned Court, 4^th Civil Judge, Senior Division, Thane has passed a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. Learned Counsel appearing for the Applicant and the learned Counsel for the second Respondent state that now there is a complete settlement in the matrimonial dispute and all pending proceedings, except the present Application have been disposed of.

2/3

Uday.P.Kambli

3/3

apl-68-16.doc

Perusal of the First Information Report shows that the matrimonial

¶27

dispute between the first Applicant and the second Respondent led to the filing of the First Information Report. Now, as the matrimonial dispute is completely settled, no purpose would be served by continuing the criminal proceedings. On the contrary, the continuation of the criminal proceedings would cause prejudice to both the parties. Hence, this is a case where the law laid down by the Apex Court in the case of Gian Singh v/s. State of Punjab & ors.¹ will be applicable. Accordingly, the Applicant must succeed and we pass the following order.

¶28

ORDER

¶29

Rule is made absolute in terms of prayer clause (a), which reads

¶30

as under:-

¶31

“(a) quash and set aside the First Information Report i.e. Crime No.276/2015 dated 7-10-2015 for the offence under Section 498A, 406, 323, 504, 506 & 34 of the I.P.C. Registered with the Police Station: Nerul, District: Thane i.e. Annexure-A.”

¶32

All concerned to act on the authenticated copy of this judgment and

order.

(A.A. SAYED, J.)

1 (2012) 10 SCC 303

3/3

Uday.P.Kambli

Anish S/O Ashwani Chopra and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Anish S/O Ashwani Chopra and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anand Prakash Paranjpe Vs the State of Maharashtra and Anr.

Smt Aanchal Sanjay Sachdev Vs Mr Sanjay Radhakrishan Sachdev

Mohar Creations LLP Vs the State of Maharashtra and Ors.

Smt. Najma Sameer Kazi Vs Smt.Nafisa Afsar Khan and Anr.

Movement for Peace and Justice Vs the State of Maharashtra and Anr.

Stella Soloman Lalzare and Ors. Vs the State of Maharashtra and Anr.