Allowed

Shivprasad Sharad Boraste and Ors. v. the State of Maharashtra and Anr.

Bombay HC24 Oct 2018APPLN/3446/2015

Case brief

AI extract

What is this about?

This Criminal Application sought quashing of an FIR and RTC filed for offences under the IPC involving matrimonial disputes. Upon confirming that parties settled and obtained a mutual consent divorce, the High Court allowed the application and quashed the proceedings.

What did the court decide?

Application allowed; Relief granted as prayed in the prayer clause B; Rule made absolute.

Shivprasad Sharad Boraste and Ors. Vs the State of… — Matrimonial and Divorce | Bombay HC (2018)

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1 CrApln 3446-2015

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 3446 OF 2015

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1] Shivprasad Sharad Boraste,
 Age : 25 years, Occ: Service,
2] Sharad Madhavrao Boraste,
 Age : 55 years, Occ: Agri.,
3] Sou. Chhaya Sharad Boraste,
 Age : 45 years, Occ : Household,
4] Mangesh Sharad Boraste,
 Age : 20 years, Occ : Education,
 All R/o Sakore Mig, Tq. Niphad,
 Dist. Nasik.
5] Sou. Smita Kiran Shinde,
 Age : 24 years, Occ : Household,
6] Kiran Balkrishna Shinde,
 Age : 30 years, Occ : Service,
 Both R/o Sayyed Pimpri Road, Adgaon,
 Tq. & Dist. Nasik.
7] Sou. Gayatri Jayram Kotme,
 Age : 40 years, Occ : Household,
 R/o Sharada Saraswati Society,
 Merdham, Tq. & Dist. Nasik....Applicants
 Versus
1] The State of Maharashtra,
 Through P. I. Police Station,
 Kopargaon,
2] Sow. Mukta Shivprasad Boraste,
 Age : 23 years, Occ : Housewife,
 R/o At present
 C/o Karbhari Balkrishna Jadhav,

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2 CrApln 3446-2015

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...Respondents

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 Khadaki, Tal. Kopargaon,

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 Dist. Ahmednagar.

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.......

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Mr. S. B. Kadu, Advocate for Applicants.
Ms. D. S. Jape, A. P. P. for Respondent No. 1-State.
Mr. A. V. Hon, Advocate for Respondent No. 2.

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.......

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CORAM : T. V. NALAWADE &
SMT. VIBHA KANKANWADI, JJ.
DATE : 24-10-2018.

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JUDGMENT : (Per T. V. Nalawade, J)

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01.Rule. Rule made returnable forthwith by consent

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heard both the sides for final disposal.

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02.The proceeding is filed under Section 482 of Cr.

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P. C. for quashing of F. I. R. bearing C. R. No. 54 of
2015 registered with Kopargaon Police Station and also

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quashing of R. T. C. No. 85 of 2015 before J. M. F. C.,
Kopargaon and which is filed for offences punishable under
Section 498A, 323, 504, 506 read with Section 34 of Indian

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Penal Code. During arguments learned Counsel for the
applicant and learned Counsel for the wife submitted that
parties have settled their dispute and they have obtained
divorce by virtue of mutual consent. Copy of petition

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award, compromise document and compromise decree are
produced on record. The settlement shows that the wife

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3 CrApln 3446-2015

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has agreed to withdraw all the proceedings filed against
husband including the proceedings filed under Section 293
of I. P. C. Wife has no intention to give evidence
against the applicants. In view of these circumstances,
this Court holds that the relief is to be granted.

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03.In the result, following order;

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ORDER

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(i)Application is allowed.

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(ii)Relief is granted in terms of prayer clause

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“B”.

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(iii)Rule made absolute in those terms.

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 [SMT. VIBHA KANKANWADI] [T. V. NALAWADE]

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 JUDGE JUDGE

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Dahibhate/-

Shivprasad Sharad Boraste and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shivprasad Sharad Boraste 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

Statutes considered

Parties & counsel

Coram

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