petitioners challenged the criminal complaint under Section 498A IPC. The court noted the parties had settled the dispute amicably. After interviewing the respondent, the court applied the B.S. Joshi ratio to quash the complaint, allowing the writ petition.
Criminal complaint is quashed.
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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Vat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPEALLATE JURISDICTION
CRIMINAL WRIT PETITION No. 2859 OF 2016
Mr. Saeed Sagir Shaikh and Ors. ...Petitioners Vs. State of Maharashtra and Anr. ...Respondents
Mr. Jaywant Ramdas Avhad for the Petitioners Mrs. M.H. Mhatre -APP for the Respondent -State ******
CORAM : V. M. KANADE & Ms. NUTAN D. SARDESSAI, JJ.
DATE : DECEMBER 8, 2016
P.C. :
learned APP for the State and the learned counsel appearing on behalf of Respondent -2, Original Complainant.
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objection if the complaint is quashed.
No.2 is 25 years' old and she has good chance of getting remarry.
in terms of prayer clause (a) and is disposed.
Ms. NUTAN D. SARDESSAI, J. V.M. KANADE, J.
Vaishali Tikam
3 issues framed by the court
Whether the criminal complaint for offences under Section 498A IPC should be quashed in view of the settlement.
Whether Section 198(2) CrPC has been satisfied by the mediation.
Whether settlement ensures that justice is overruled in the interest of the parties.
Colour shows how this judgement treated each authority
B.S. Joshi Vs. State of Haryana and Anr.Applied¶19
B.S. Joshi Vs. State of Haryana and Anr. [(1998) 5 SCC 749] · Who else cites this
6 provisions across 2 enactments
Mr. Saeed Sagir Shaikh and Ors.
State of Maharashtra
Original Complainant
V. M. Kanade
Nutan D. Sardessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
