High Court quashed conviction under dowry and related IPC sections in matrimonial dispute. Parties had mutually consented to divorce and withdrew complaints, leading to quashing of the impugned order for interest of justice.
Impugned Judgment and Order of 28.10.2015 quashed and set aside; pending Criminal Appeal disposed off.
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.
APL 804-17.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 804 OF 2017
Jagdish Dharma Thombre & ors. .Applicants
Vs.
The State of Maharashtra & anr.
.Respondents
Mr. K. S. Patil, Advocate, for the Applicants Mr. N. B. Patil, APP, for the Respondent No.1 – State Ms Megha Bajoria, Advocate, for the Respondent No.2
CORAM : A.S.GADKARI, J. DATE : 28.11.2017
P.C.
. This is an Application under Section 482 of the Cr.P.C. for
quashing and setting aside the Judgment and Order dated 28.10.2015 in R.C.C.No. 2 of 2014 passed by the learned Judicial Magistrate First Class, Khalapur, District – Raigad.
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APL 804-17.doc
said crime was culminated into R.C.C.No. 2 of 2014. By its Judgment and Order dated 28.10.2015 the learned Judicial Magistrate First Class was pleased to convict the Applicant No.1 Jagdish for the offence punishable under Section 498A r/w 34 and under Section 406 of the Indian Penal Code. The other Applicants are convicted for the offence punishable under Section 498A r/w 34 of the Indian Penal Code. That feeling aggrieved by the Judgment and Order dated 28.10.2015, the Applicants have preferred Cri. Appeal No. 167 of 2015 in the Court of learned Sessions Judge at Alibaug and the same is pending for final adjudication. The record further indicates that during the intervening period, the Applicant No.1 and Respondent No.2 filed a Marriage Petition bearing No. 1456 of 2016 in the Court of Civil Judge Senior Division, Kalyan, District – Thane under Section 13(b) for the Hindu Marriage Act for divorce by mutual consent. The said Petition is allowed by an Order dated 26.10.2017. As per the terms and conditions of settlement mentioned in the Judgment and Order dated 26.10.2017 passed in M. P. No. 1456 of 2016 by the Civil Judge Senior Division, Kalyan, the parties therein have decided to withdraw the complaints filed by both of them against each other and accordingly, the present Application is moved for quashing and setting aside the Judgment and Order dated 28.10.2015 in R.C.C.No. 2 of 2014 on the ground of
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APL 804-17.doc
settlement.
(A.S.GADKARI, J.)
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1 issue framed by the court
Whether the impugned conviction order should be quashed in light of the settlement and divorce by mutual consent between the parties.
1 provisions across 1 enactments
Jagdish Dharma ThOMBRE & ors.
The State of Maharashtra
Respondent No.2
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
