The High Court allowed a criminal application seeking quashing of an FIR filed under IPC Sections 307, 498-A, and 504, holding that the dispute between the parties had been settled and cohabitation resumed.
Criminal Application allowed; Rule made absolute quashing FIR No.85/2019.
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.
(1)
Cri.Appln.1330/19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1330 OF 2019
(2) Cri.Appln.1330/19
R/o Pratap Mill Compound, Amalner, Tq. Amalner, Dist. Jalgaon,. = RESPONDENTS
Mr.Bharat R.Warma, Advocate for Applicants; Mrs.VS Choudhari,APP for Respondent-State; Mr. KR Choudhari, Adv. For Resp.No.2.
CORAM : T.V.NALAWADE &
S.M.GAVHANE,JJ.
DATED : 27th November,2019.
ORAL JUDGMENT
Respondent No.2-informant, whereas the other applicants are his relatives. During the course of arguments, learned counsel for the applicants submitted that the parties have settled the dispute and Respondent No.2-wife has returned to her matrimonial house and she has resumed cohabitation
(3) Cri.Appln.1330/19
with her husband. A Settlement pursis dated
26.11.2019 to that effect is also placed on record. This court has seen the contents of the pursis.
(S.M.GAVHANE,J.) (T.V.NALAWADE,J.)
BDV
2 issues framed by the court
Whether the FIR should be quashed in view of the settlement between the parties.
Whether the cause of action has extinguished allowing the grant of reliefs in the present case.
Indubai w/o Ramesh Sapkale
Pravin s/o Ramesh Sapkale
Punam w/o Pravin Sapkale
Nalini w/o Sanjay Ahire
Savita w/o Sanju Saindane
Kavita w/o Sandeep Kambale
T.V. Nalawade
S.M. Gavhane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
