The Court allowed the petition for quashing criminal proceedings under Sections 498A, 406, 323, and 34 IPC. Relying on the settlement and the absence of coercion, the bench quashed the case in the interest of justice.
Proceedings of the subject criminal case are quashed and set aside. The application is made absolute.
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.
93.WP.1606.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1606 OF 2019
Parag Shamsunder Agarwal & Ors. …..Petitioners Versus The State of Maharashtra & Ors. …..Respondents
Mr. Dilip P. Devadiga, Advocate for the Petitioners. Ms. Sangita Shinde, APP for the Respondent-State. Ms. Priyanka Agarwal, respondent No.3 present in person.
CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ. DATE : 16th JULY, 2019.
P. C. :
1. Heard learned counsel for the petitioners and the learned APP
appearing for the respective parties.
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AGP
93.WP.1606.19.doc
trial, the parties settled their dispute amicably and accordingly, filed consent terms before the Judicial Magistrate, F.C., (II Court), Thane in O.M.A.No.125 of 2015, copy of which is annexed at page No.25 of this petition.
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93.WP.1606.19.doc
B.S.Joshi versus State of Haryana AIR 2003 SC 1386, we are of the
view that quashing of the criminal proceedings would be in the interest of respondent No.3. Besides, no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. In that view of the matter and in the interests of justice, the proceedings of the subject criminal case are required to be quashed and set-aside. The application is, accordingly, made absolute in terms of prayer clause (a) and is disposed of as such.
[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]
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2 issues framed by the court
Whether criminal proceedings arising from a matrimonial dispute can be quashed upon settlement between parties.
Whether the requirement of no collusion or pressure is met in a consensual settlement filed by the complainant.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
PARAG SHAMSUNDER AGARWAL & ORS.
THE STATE OF MAHARASHTRA & ORS.
RANJIT MORE
BHARATI H. DANGRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
