Allowed

Tarkesh S/O Bharat Mhalas and 2 Others v. State of Mah., Thr. P.S.O. Ps Washim, Distwashim and Another

Bombay HC12 Aug 2022APL/90/2020

Case brief

AI extract

What is this about?

Criminal application filed to quash an FIR in a matrimonial dispute. The parties had settled, and the wife had divorced the applicant. The court allowed the quashing of the FIR citing a settlement and prior Supreme Court precedent.

What did the court decide?

Quashing and setting aside of First Information Report (FIR) No.576/2019 dated 01/12/2019 for offences under Sections 323, 498-A, 504 and 506 IPC.

Tarkesh S/O Bharat Mhalas and 2 Others Vs State of… — Matrimonial and Divorce | Bombay HC (2022)

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1 / 3 914-APL 90.2020

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APL) NO. 90 OF 2020

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Takesh s/o Bharat Mhalas and others

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vs.

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State of Maharashtra and another

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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.

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Mr. Kshitij Jain, Advocate h/f. Mr.S.S.Dhengale, Advocate
for applicants.

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Mr. S.M.Ghodeswar, APP for respondent No.1 State.

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CORAM : MANISH PITALE AND
VALMIKI SA MENEZES JJ.
DATE : 12/08/2022

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By this application, the applicants have
sought quashing of First Information Report (FIR)
No.576/2019 dated 01/12/2019, registered at Police
Station, Washim, District Washim for offences under
Section 323, 498-A, 504 and 506 read with 34 of the
Indian Penal Code.

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2.The respondent No.2 is the wife of the
applicant No.1 and the applicant Nos.2 and 3 are her
father-in-law and mother-in-law. The dispute
between the parties was essentially a matrimonial
dispute, leading to initiation of various legal
proceedings.

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KOLHE

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2 / 3 914-APL 90.2020

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3.During the pendency of the present
application, the parties entered into a settlement, as a
consequence of which the marriage between the
applicant No.1 and respondent No.2, stood dissolved
by a divorce decree on 10/06/2021. A copy of the
the judgment and order of the competent Court
granting such decree is also placed on record.

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4.In this backdrop, the respondent No.2
does not wish to pursue the matter any longer and
she has no objection to the prayer in the present
application being granted.

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5.The learned counsel appearing for the
applicants and respondent No.2 have stated that the
terms of settlement have been acted upon and that
therefore, the present application may be allowed.

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6.The Hon’ble Supreme Court in the case of
Gian Singh vs. State of Punjab and another (2012) 10
SCC 303, has held that in such cases where the
dispute is essentially matrimonial in nature and with
passage of time the parties arrive at a mutually
acceptable settlement, the High Court while
exercising power under Section 482 of the Code of
Criminal Procedure can quash the FIR, since no

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KOLHE

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3 / 3 914-APL 90.2020

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purpose would be served in sending the parties to
trial.

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7.In view of the above, the application is
allowed in terms of prayer clause (a) which reads as
follows :-

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“a) quash and set aside the F.I.R. vide Crime No.576/2019 dated 01/12/2019 (Annexure-1) registered by the respondent No.1 – Police Station, Washim, District Washim for the offences punishable under Sections 498(A), 323, 504, 506 34 of I.P.C.”

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JUDGE

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JUDGE

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Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:13.08.2022 15:47

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KOLHE

Tarkesh S/O Bharat Mhalas and 2 Others v. State of Mah., Thr. P.S.O. Ps Washim, Distwashim and Another

Case brief

What is this about?

What did the court decide?

Tarkesh S/O Bharat Mhalas and 2 Others v. State of Mah., Thr. P.S.O. Ps Washim, Distwashim and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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