Allowed

Anusayabai W/O. Baliram Hingole and Others v. the State of Maharashtra and Anr.

Bombay HC2 Aug 2019APPLN/2464/2019

Case brief

AI extract

What is this about?

The High Court allowed the criminal applications filed for quashing of an FIR under Sections 498-A, 323, 504, 506 IPC and grant of permission to produce documents. The Court quashed the FIR based on a settlement arrived at before the Family Court, where the wife returned to the matrimonial home and the divorce proceeding was withdrawn.

What did the court decide?

Quashing of FIR No. 160 of 2018 and grant of permission in Criminal Application No. 2464 of 2019.

Anusayabai W/O. Baliram Hingole and Others Vs the… — Matrimonial and Divorce | Bombay HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 2521 OF 2018

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WITH

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CRIMINAL APPLICATION NO. 2464 OF 2019

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1. Anusayabai w/o Baliram Hingole Age : 65 years, Occu: Housewife, R/o. Lalwadi, Nure Illahi Chowk, Nanded, Tq. & Dist. Nanded.

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Ganpat Baliram Hingole Age : 72 years, Occu : Private Service, R/o. Gangachal, Mil Area, Nanded, Dist. Nanded.

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1. Pranita Ganpat Hingole Age : 35 years, Occu : Housewife, R/o. Gangachal, Mil Area, Nanded, Dist. Nanded.

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1. Sanjay Baliram Hingole Age : 40 years, Occu : Private Service, R/o. Gangachal, Mil Area, Nanded, Dist. Nanded.

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Suchita Sanjay Hingole Age : 52 years, Occu : Housewife, R/o. Gangachal, Mil Area, Nanded, Dist. Nanded.

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1. Shantabai Siddharth Tekule Age : 52 years, Occu : Housewife, R/o. Gautamnagar, Parbhani.

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1. Suchita Tatyarao Shirsath Age : 32 years, Occu : Housewife, R/o. Turke Pimpri, Tq. Aundha (Ng) Dist. Hingoli … Applicants

Vs.

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947-CrA-2464-19.doc

1. The State of Maharashtra, Through Shivajinagar Police Station, Nanded, Tq. & Dist. Nanded.

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1. Manjusha Milind Hingole Age : 23 years, Occu: Housewife, R/o Narayan Nagar, Nure Illahi Chowk, Nanded, A/p. Nai-Abadi, Tamsa Road, Hadgaon, Tq. Hadgaon, Dist. Nanded. … Respondents

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Advocate for the Applicants : Shri V. D. Patnurkar APP for the Respondent – State : Shri K. S. Patil Advocate for the Respondent No. 2 : Smt. R. D. Reddy

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CORAM : T.V. NALAWADE & K.K. SONAWANE, JJ. DATE : 02ND AUGUST, 2019

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ORAL JUDGMENT : (PER : T. V. NALAWADE, J.)

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Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

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Criminal Application No. 2521 of 2018 is filed for relief of quashing of FIR No. 160 of 2018 registered at Shivajinagar Police Station, Nanded for the offence punishable under Sections 498-A, 323, 504, 506 read with 34 of Indian Penal Code. The second proceeding, Criminal Application No. 2464 of 2019 is filed for permission to produce document.

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947-CrA-2464-19.doc

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Submissions made by learned counsel for the applicants in both proceedings show that parties have settled the dispute. The settlement had taken place before Family Court, Nanded. Photocopy of the same is taken on record. The maintenance proceeding is disposed of in terms of settlement. The proceeding of divorce is taken back and the wife has returned to matrimonial house.

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Learned counsel representing first informant submitted that in view of the settlement, the first informant has no objection to grant relief to the applicants and there is such instructions to her. In view of the aforesaid record, this Court holds that relief can be granted. In the result, Criminal Application is allowed. Relief is granted in terms of prayer clause 'B'. Rule made absolute in those terms.

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Other proceeding, Criminal Application No. 2464 of 2019 is also disposed of.

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(K. K. SONAWANE, J.) (T.V. NALAWADE, J.)

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SVH

Anusayabai W/O. Baliram Hingole and Others v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Anusayabai W/O. Baliram Hingole and Others v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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Coram

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