Criminal application for quashing of FIR registered under sections including 498-A of IPC. Court allowed application as dispute settled between parties and mutual divorce granted by consent.
The criminal application is allowed; FIR is quashed; rule made absolute.
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989 cri apln 3164.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3164 OF 2019
1. Navinesh Chandrakant Shinde, Age: 34 years, Occu: Service,
2. Rekha Chandrakant Shinde, Age: 54 years, Occu: Household,
3. Chandrakant Sitaram Shinde, Age: 64 years, Occu: Nil,
4.Kapilesh Chandrakant Shinde,
Age: 31 years, Occu: Service,
All R/o Room no.1, Pratibha Niwas,
Vikas Society, Old Dombivali Road,
Devi Chowk, Shastri Nagar,
West Kalyan, Thane.
5.Dilip Ramdas Deshmukh,
Age: 45 years, Occu: Service,
R/o: A-202, tulsi Sagar CHS,
Plot No.95-98 and 106,
Sector-28, Navi Mumbai,
Neharu Node-3, Thane....Applicants
Versus
1. State of Maharashtra, Through Police Station, Jalgaon Taluka, Jalgaon, District Jalgaon.
2. Priyanka W/o Navinesh Shinde, Age:28 years, Occu: Household, R/o: C/o: Priyanka Kiran Chaudhari, Flat No.202, Nayan Residency, Nimkhedi Shivar, Near Vithal Mandir, Jalgaon, Dist. Jalgaon. ... Respondents
( 2 ) 989 cri apln 3164.19
Mr. Nagori Girish, Advocate for the Applicants.
Mrs. V.S. Choudhari, APP for the Respondent-State.
Mr. Jadhav Yogesh H., Advocate for Respondent No.2
CORAM : T.V. NALAWADE &
S.M. GAVHANE, JJ.
DATE :28.11.2019
ORAL JUDGMENT :-
Rule. Rule made returnable forthwith. By consent heard both the
sides for final disposal.
2.The present proceeding is filed for relief of quashing the F.I.R. No.
187 of 2019 registered with Jalgaon Tahsil Police Station, Jalgaon for the
offence punishable under Section 498-A, 406, 504, 506, 323 read with Section
34 of the I.P.C. The report was given by the respondent no.2. The applicant
no.1 is her husband and other applicants are the relatives of the husband.
3.During the arguments the learned counsel for the applicants and
first informant submitted that the parties have settled the dispute. Such
affidavit is filed on record. Today, copy of judgment delivered in a proceeding
which was filed for mutual divorce under Section 13-B of the Hindu Marriage
Act came to be filed and it shows that on 11.10.2019 the Court granted
divorce by mutual consent. The copy is taken on record. The request is made
by the first informant for granting the relief to the applicants.
( 3 ) 989 cri apln 3164.19
4.In view of these circumstances, the application is allowed. The
relief is granted in terms of prayer clause-A. The rule is made absolute in
those terms.
[S.M. GAVHANE, J.][T.V. NALAWADE, J.]
mub
1 issue framed by the court
Whether the FIR under Sections 498-A, 406, 504, 506, and 323 read with Section 34 of the IPC should be quashed upon mutual settlement and grant of divorce by mutual consent.
6 provisions across 2 enactments
Navinesh Chandrakant Shinde
Rekha Chandrakant Shinde
Chandrakant Sitaram Shinde
Kapilesh Chandrakant Shinde
Dilip Ramdas Deshmukh
State of Maharashtra
T.V. NALAWADE
S.M. GAVHANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court