Allowed

Prakash S/O. Rangnath Gaikwad and Others v. the State of Maharashtra and Anr.

Bombay HC3 Dec 2019APPLN/400/2019

Case brief

AI extract

What is this about?

Criminal application filed to quash a Domestic Violence case (Section 498A IPC) pending in JMFC, Aurangabad. Court examined the compromise affidavit and the wife's return to the matrimonial home. Held that relief must be granted due to amicable settlement.

What did the court decide?

Application allowed; relief granted in terms of prayer clause (B) to quash the criminal case; Rule made absolutely.

Prakash S/O. Rangnath Gaikwad and Others Vs the State… — Matrimonial and Divorce | Bombay HC (2019)

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criappln400.19.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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938 CRIMINAL APPLICATION NO.400 OF 2019

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Prakash S/o Rangnath Gaikwad, Age 33 years, Occ. Service, R/o Near Bhagwan English School, Nagar Road, Beed, Tal. and Dist. Beed.

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Manisha w/o Rangnath Gaikwad, Age 53 years, Occ. Household, R/o As above.

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Rahul S/o Rangnath Gaikwad, Age 32 years, Occ. Service, R/o House No. 168, Police colony line No. R Beed. Tal. and Dist. Beed.

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Dinkar S/o Rangnath Gaikwad, Age 30 years, Occ. Service, R/o Police Headquarter Beed, Tal. and Dist. Beed.

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Anuradha w/o Navnath Waghmare, Age 34 years, Occ. Service, R/o Wadgaon, Tal. and Dist. Beed.

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Navnath S/o Keshav Waghmare, Age 38 years, Occ. Service, R/o Wadgaon, Tal. and Dist. Beed.

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…. Applicants

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VERSUS

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The State of Maharashtra, Through Police Inspector, CIDCO Police Station, Aurangabad, Tal. and District Aurangabad

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( 2 ) criappln400.19.odt

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Sunanda w/o Prakash Gaikwad, Age 33 years, Occ. Household, R/o Near Bhagwan English School, Nagar Road, Beed, Tal. and Dist. Beed. … Respondents

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Mr. A. R. Gaikwad, Advocate for the applicants Mr. R. D. Sanap, APP for respondent/State Mr. K. D. Jadhav, Advocate for respondent No. 2.

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CORAM : T. V. NALAWADE & S M . GAVHANE, JJ.

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DATED : 03-12-2019

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

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Rule. Rule made returnable forthwith. Heard finally by consent of parties for final disposal.

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Present proceeding is filed for the relief of quashing of case bearing RCC No. 1689/2017 pending in the Court of JMFC, Aurangabad. The case is filed in Crime No. 864/2016, which was registered in CIDCO Police Station, Aurangabad for offences punishable under Sections 498(A), 323, 504, 506, 34 of the Indian Penal Code.

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During arguments learned counsel for the applicants who are husband and relatives and the learned counsel of respondent No.2, the wife, submitted that parties have settled the dispute amicably. Compromise affidavit signed by informant is filed on record and shows

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( 3 ) criappln400.19.odt

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that she has returned to matrimonial house and husband and wife will take care of each other.

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In view of these circumstances, this Court holds that relief needs to be given.

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In the result, Application is allowed. Relief is granted in terms of prayer clause (B).

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Rule is made absolutely in those terms.

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[S.M. GAVHANE, J.]

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ssp/Dec.19/criappln400.19.odt

Prakash S/O. Rangnath Gaikwad and Others v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Prakash S/O. Rangnath Gaikwad and Others v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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