This high court quashed an FIR registered under Section 498-A IPC based on a domestic dispute where the wife filed a reply affidavit stating the parties had settled the matter and she returned to the matrimonial home.
The application for quashing of FIR No. I-267/2017 was allowed and the rule made absolute.
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.
919.appln.835.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
919 CRIMINAL APPLICATION NO. 835 OF 2018
SAGEERA W/O. RASHEED SHAIKH AND OTHERS VERSUS
THE STATE OF MAHARASHTRA AND ANR
Advocate for Applicants : Mrs. Ansari A. N. APP for Respondent - State: Mr. S. J. Salgare Advocate for Respondent No.2 : Mr. V. P. Narwade
CORAM : T.V. NALAWADE & K. L. WADANE, JJ.
DATE : 26th June, 2018
ORAL JUDGMENT: (Per T. V. Nalawade, J.)
the parties this application is taken up for final disposal.
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919.appln.835.18.odt
Shafiq Shaik, wife of son of applicant Nos. 1 and 2, namely Shafiq Rashid
Shaik. She had made allegations, on the basis of which the crime is registered for aforesaid offences. Today the wife has filed reply affidavit and she has mentioned that the parties have settled the dispute and she has returned to matrimonial house. It appears that the husband has filed proceeding for restitution of conjugal rights.
(K. L. WADANE, J.) (T.V. NALAWADE, J.)
habeeb
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2 issues framed by the court
Whether the application for quashing of FIR under Section 498-A IPC is maintainable in view of settlement between parties.
Whether the dispute has been settled such that the relief should be granted.
2 provisions across 2 enactments
Sageera W/O. Rasheed Shaikh and Others
The State of Maharashtra and Anr
T. V. Nalawade
K. L. Wadane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
