The Court allowed a criminal application under section 482 CrPC to quash FIRs involving matrimonial disputes after finding a complete settlement between the parties and a pending mutual consent divorce petition.
FIR vide C.R.No.I-310 of 2015 was quashed and set aside on the basis of the settlement and consent.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION
CRIMINAL APPLICATION NO.301 OF 2016
Suhasini Keshav Salvi & Ors.
vs.
...Applicants
The State of Maharashtra & Anr....Respondents
Ms Sonal Parab i/b Rajeev Sawant & Associates for
the applicants
Dr.F.R.Shaikh, APP for the respondent No.1
Mr.Sachin Deokar i/b Mr.Viresh Purwant for
respondent No.2
CORAM : A.S.OKA, &
SMT.ANUJA PRABHUDESSAI, JJ.
DATE : MARCH 23, 2017
P.C.:
1Rule. The learned APP waives service for the
first respondent. The learned counsel for the
second respondent waives service. Forthwith taken
up for final disposal.
2The prayer in this application under section
482 of the Code of Criminal Procedure,1973 (for
short `CrPC') is for quashing the offence registered
under sections 498(A), 506 read with section 34 of
the Indian Penal Code and sub section 2 of section 3
of the Maharashtra Prevention and Direction of Human
Sacrifice and Black Magic Act,2014.
3The second respondent has tendered an affidavit
along with the consent terms. The consent terms
have been signed by the second respondent as well as
by her husband Aditya Salvi. The first two
applicants in this application are the parents of
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the husband of the second respondent and the third
applicant is the sister of the husband. The fourth
applicant is the husband of the third applicant.
4The consent terms record a complete settlement
of the matrimonial dispute. A petition under section
13-B of the Hindu Marriage Act, 1955 has been filed
by the second respondent and her husband. A sum of
Rs.4,00,000/- is already paid by the husband to the
second respondent. In view of the settlement, the
second respondent has given no objection for
quashing the proceedings. We find that the
matrimonial dispute between the second respondent
and her husband led to registration of the FIR.
Now, there is a complete settlement of the
matrimonial dispute. Accordingly, a case is made
out to exercise power under section 482 of the CrPC.
5 Hence, we pass the following order :(I) Rule is made absolute in terms of prayer clause (a) which reads thus: (a) That this Hon'ble Court be pleased to quash and set aside the FIR vide C.R.No.I-310 of 2015 registered with Kapurbavadi Police Station by the respondent No.2 against the applicants on such terms and conditions as this Hon'ble Court may deem fit and proper.”(II) All concerned to act upon an authenticated copy of this order.(ANUJA PRABHUDESSAI,J.)(A.S.OKA,J.)
1 issue framed by the court
Whether the High Court can quash matrimonial criminal proceedings under section 482 CrPC in light of a complete settlement.
1 provisions across 1 enactments
Suhasini Keshav Salvi & Ors.
The State of Maharashtra
A.S.OKA
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court