The court quashed criminal proceedings instituted under various IPC sections arising from a matrimonial dispute after finding that the parties had amicably settled the dispute and the wife, the original complainant, consented to the quashing.
Criminal Case No.63/PW/2017, including FIR No.90/16, was 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.
910-WP-1603-18.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1603 OF 2018
Niraj Bhanushankar Jani & Ors. .... Petitioners versus The State of Maharashtra & Anr. ... Respondents
CORAM : R. M. SAVANT & SARANG V. KOTWAL, JJ. DATE : 19th APRIL, 2018.
P.C. :
Nesarikar
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Jani and the Respondent No.2 Mrs.Nisha @ Dipali Niraj Jani, who are husband and wife. It is not necessary to further dilate on facts in view of the fact that the Respondent No.2 has filed an affidavit dated 04/04/2018 in the above Writ Petition. The said affidavit is affirmed before the Notary Aliya N. Pathan on 02/04/2018 and bears the Notarial Registration No.02/04/2018. In the context of the relief sought in the above Petition, paragraph No.4 of the affidavit is material and is reproduced herein;
“4. I say that the Parties are staying separately since last about 2 Years and now they have settled their matter amicably and currently residing at the address as detailed in the cause title of the above Petition and there is nothing left to keep the subjected Criminal Case bearing NO.63/PW/2017 including the FIR No.90 of 2016, registered by the DAHISAR Police Station pending as it is and to carry on with the Trial will humiliate the Parties to the present Petition and as such I Respondent No.2 herein being the Org. Complainant, do hereby grant my irrevocable consent and humbly prays this Hon'ble Court to kindly Quash and set
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aside the subjected Criminal Case bearing No.63/PW/2017 including the FIR No.90 of 2016, registered by the DAHISAR Police Station including the Chargesheet thereto on the terms and condition as this Hon'ble Court deems fit and proper.”
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Court. He is identified by the learned Counsel Mr.Sharad Rai. He is also identified by his Aadhar Card No.6155 4217 3830. He accepts the factum of there being a settlement arrived at between him and the Respondent No.2, as a result of which, the Respondent No.2 does not desire to proceed with the case in question. The parents of the Petitioner No.1 and sister of the Petitioner No.1 are also personally present in Court, however, it is not necessary to record their statements, as the Petitioner No.1 and the Respondent No.2 are the main contesting parties, being husband and wife.
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the matter of Gian Singh V/s. State of Punjab & Anr. Reported in (2012) 10 SCC 303 and Narinder Singh & Ors. V/s. State of Punjab & Anr. reported in 2014 AIR SCW 2065, there is no impediment in allowing the above Criminal Application. No useful purpose would be served in keeping the proceedings pending.
(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)
2 issues framed by the court
Whether criminal proceedings arising from a matrimonial dispute can be quashed upon settlement and consent of the complainant.
Whether maintaining the proceedings serves any useful purpose given the settlement.
Colour shows how this judgement treated each authority
Gian Singh V/s. State of Punjab & AnrRelied on¶23
(2012) 10 SCC 303 · Who else cites this
Narinder Singh & Ors. V/s. State of Punjab & Anr.Relied on¶23
2014 AIR SCW 2065 · Who else cites this
Niraj Bhanushankar Jani
State of Maharashtra
Nisha @ Dipali Niraj Jani
R. M. Savant
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
