Quashing petition filed regarding an FIR in a matrimonial dispute. Petitioners and wife reached settlement converting divorce petition to mutual consent. Court allowed quashing based on settlement and precedent.
FIR No.450/16 dated 12/09/2016 registered with Malad Police Station quashed and set aside.
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.
907-WP-1580-18.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1580 OF 2018
Deepak Haribhai Desai & Ors.
.... Petitioners
versus
State of Maharashtra & Anr. ... Respondents
CORAM : R. M. SAVANT & SARANG V. KOTWAL, JJ. DATE : 19th APRIL, 2018.
P.C. :
Nesarikar
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between the Petitioner No.1 and the Respondent No.2, who are husband and wife. It seems that the parties were also before the Family Court at Bandra in Marriage Petition No.A-783/17, which was filed by the Respondent No.2, which was filed originally for divorce on the ground of cruelty u/s 13(1)(ia) of Hindu Marriage Act. However, during the course of the pendency of the said Petition, the parties reached a settlement, as a consequence of which, the parties agreed to convert the said Petition into a Petition for Divorce by mutual consent u/s 13(B) of the Hindu Marriage Act. The parties thereafter have filed Consent Terms dated 16/03/2018 in the said Marriage Petition, evidencing the settlement arrived at between the parties. In the context of the present Petition, clause (5) of the said Consent Terms is material and is reproduced hereinunder;
“It is agreed between both the parties that Applicant shall withdraw all the allegation/complaints made against the Respondent and his family members after filing consent term at Hon'ble Family Court the Respondent shall file for quashing at Hon'ble High Court within 10 days from
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today and the Applicant shall Cooperate Respondent in quashing FIR bearing No.450 of 2016 Filed against the Respondents u/s 498(A), 406, 354, 323, 504 and 506 of the IPC with Section 34 of Cr.P.C. before Hon'ble High Court.
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Counsel Mr.Satyaprakash Sharma. He is also identified by his Aadhar Card bearing No.4298 6262 9916. The address in his Aadhar card is of Nagarvada Road, Patan, Gujarat 684 265. When put in the box and queried, he accepts the factum of the settlement between him and the Respondent No.2.
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(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)
3 issues framed by the court
Whether a criminal writ petition for quashing an FIR under Sections 498-A and other sections of the IPC can be allowed when parties have settled through consent terms in a mutual consent divorce petit
Whether the High Court should quash the FIR in light of the wife's voluntary statement that she does not desire to proceed with the case.
Whether Gian Singh and Narinder Singh decisions permit quashing of criminal proceedings in cases of voluntary settlement between parties.
Colour shows how this judgement treated each authority
Gian Singh V/s. State of Punjab & AnrReferred¶29
(2012) 10 SCC 303 · Who else cites this
Narinder Singh & Ors. V/s. State of Punjab & AnrReferred¶29
2014 AIR SCW 2065 · Who else cites this
9 provisions across 2 enactments
Deepak Haribhai Desai
State of Maharashtra
Darshana Deepak Desai
R. M. Savant
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
