Dismissed

Sweta Shrikant Mamidpalliwar and Another v. State of Mah. Thr. Pso Chandrapur City, Ps Chandrapur and Another

Bombay HC23 Jan 2023APL/206/2021

Case brief

AI extract

What is this about?

The High Court allowed and quashed Criminal Applications arising from a Section 498-A IPC complaint. The court exercised inherent powers to quash the offenses since the parties arrived at an amicable settlement and resumed living together.

What did the court decide?

Crime No.0034/2021 for offence punishable under Section 498-A IPC is quashed and set aside; both applications allowed.

Sweta Shrikant Mamidpalliwar and Another Vs State of Mah… — Domestic Violence | Bombay HC (2023)

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1 1-J-APL-206-21.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

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CRIMINAL APPLICATION (APL) NO. 206 OF 2021

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APPLICANTS : 1. Sweta Shrikant Mamidpalliwar,
Age : 38 years, R/o. Emami Swanlake
Sangeet Nagar, Kukatpally, Hyderabad
City, Telangana, India.

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2. Shrikant Mamidpalliwar, Age : 43 years, R/o. Emami Swanlake Sangeet Nagar, Kukatpally, Hyderabad City, Telangana, India.

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V E R S U S

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NON-APPLICANTS :1. State of Maharashtra
 Through Police Station Officer,
 Chandrapur City, Police Station,
 Chandrapur.

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2. Smt. Snehal Sachin Kulkarni, Aged 28 years, R/o. C/o. Raju Damodar Galande, WCL Colony, DSM Quarter No.65, Lalpeth Colliery, Chandrapur.

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WITH

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CRIMINAL APPLICATION (APL) NO. 77 OF 2023

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APPLICANTS : 1. Sachin Ananta Kulkarni,

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Aged : 37 Yrs., Occu. Service.

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 2.Sau. Anita Ananta Kulkarni,
Aged : 60 Yrs., Occu. Household.

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Both R/o Plot No.158, Shivaji Ward
No.9, Karnal Chowk, Rajura,
Dist. Chandrapur.

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V E R S U S

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NON-APPLICANTS :1. State of Maharashtra
 Through Police Station Officer,
 Chandrapur City, Police Station,
 Chandrapur.

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2 1-J-APL-206-21.doc

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2. Smt. Snehal Sachin Kulkarni,
 Aged 28 Yrs., Occu. Household,
 R/o. C/o. Raju Damodar Galande,
 WCL Colony, DSM Quarter No.65,
 Lalpeth Colliery, Chandrapur.

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Shri Apurv De, Advocate for applicants.

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Shri S. S. Doifode, Additional Public Prosecutor for respondent
No.1.

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Ms. Sonali Khobragade, Advocate h/f Shri Mahesh Rai, Advocate
for respondent No.2 in APL No.206/2021.

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CORAM:-VINAY JOSHI AND
VALMIKI SA MENEZES, JJ.
DATED : 23/01/2023.

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ORAL JUDGMENT : (PER VINAY JOSHI, J.) :

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1.Both applications arise out of Crime No.0034/2021
registered with Police Station, Chandrapur City for the offence
punishable under Section 498-A r/w Section 34 of the Indian
Penal Code. By consent, both applications are taken together for
final disposal.

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2.At the instance of report lodged by non-applicant No.2
– Smt. Snehal Sachin Kulkarni, concerned crime was registered
against husband, brother-in-law, sister-in-law and husband of
sister-in-law about matrimonial cruelty. By virtue of interim order
of this Court, charge sheet has not been filed.

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3.During the pendency of first application, the parties
arrived at amicable settlement. The couple is having a small child.

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3 1-J-APL-206-21.doc

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They have mutually patched the differences and from the last six
months, wife is staying with her husband at her matrimonial
house. Since the settlement is in the form of re-union of couple
that is very much substantial ground for us to invoke inherent
powers so as to facilitate the couple to live happily.

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4. In view of the above, both applications are allowed.

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5.Crime No.0034/2021 registered with Chandrapur City,
Police Station, Chandrapur for the offence punishable under
Section 498-A r/w Section 34 of the Indian Penal Code is hereby
quashed and set aside.

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6. Both applications stand disposed of, in the above terms.

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7. The applications pending therein, if any, stand disposed of accordingly.

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[VALMIKI SA MENEZES, J.]

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 [VINAY JOSHI, J.]

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Choulwar

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VITHAL Digitally signed byVITHAL MAROTRAO MAROTRAO CHOULWAR CHOULWAR Date: 2023.01.2511:00:10 +0530

Sweta Shrikant Mamidpalliwar and Another v. State of Mah. Thr. Pso Chandrapur City, Ps Chandrapur and Another

Case brief

What is this about?

What did the court decide?

Sweta Shrikant Mamidpalliwar and Another v. State of Mah. Thr. Pso Chandrapur City, Ps Chandrapur and Another

Case brief

What is this about?

What did the court decide?

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