Allowed

Vivek Parashram Pawar and 5 Others v. State of Mah. Thr. Pso Ps Buldhana City Dist.Buldhana and Another

Bombay HC13 Jan 2023APL/545/2021

Case brief

AI extract

What is this about?

In a criminal application under Section 482 CrPC, the Nagpur Bench of the Bombay High Court allowed the application and quashed the FIR against the applicants. The court relied on the settlement and withdrawal of litigations by non-applicant No. 2, applying the law laid down in Gian Singh Vs. State of Punjab.

What did the court decide?

The First Information Report bearing No.257 of 2021 registered at Police Station Buldhana Shahar is hereby quashed and set aside.

Vivek Parashram Pawar and 5 Others Vs State of Mah. Thr… — Domestic Violence | Bombay HC (2023)

¶1

43-apl 545 of 21.odt

¶2

1/2

¶3

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

¶4

CRIMINAL APPLICATION (APL) NO. 545 OF 2021

¶5

Vivek Parashram Pawar and ors -Vs- State of Maharashtra and anr.

¶6

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

¶7

Court's or Judge's Orders.

¶8

Mr. Shantanu Deshpande, counsel for the applicants. Ms.N.P.Mehta APP for non applicant No.1. Ms.Ragini K.Swami h/f non applicant No.2 appearing in person.

¶9

CORAM : A.S.CHANDURKAR & MRS.VRUSHALI V. JOSHI, JJ.

¶10

DATED : 13.01.2023.

¶11

Heard.

¶12

The applicants have filed this application under Section 482 of the Code of Criminal Procedure for quashing of the First Information Report bearing No.257 of 2021 registered at Police Station Buldhana Shahar for offences punishable under Sections 498-A and 323 read with 34 of the Indian Penal Code.

¶13

During the pendency of this application, the parties have arrived at settlement. Pursis has been filed on record along with Memorandum of understanding dated 28.07.2022. Non-applicant No.2 has agreed to withdraw all the litigations filed against the applicants. The petition for divorce by mutual consent is also pending before the Family Court. Amount of Rs.13 lakhs

Kavita

43-apl 545 of 21.odt

2/2

has been paid to the non-applicant No.2. The consent terms have been recorded before the Family Court. The parties are present before the Court today. The nonapplicant No.2 has stated that she is willing to withdraw all the litigations filed against the applicants. In the light of the law laid down in Gian Singh Vs.State of Punjab and anr. reported in (2012) 10 SCC 303 , the Criminal Application is allowed and the First Information Report filed against the applicants bearing No.257 of 2021 registered at Police Station Buldhana Shahar for offences punishable under Sections 498-A and 323 read with 34 of the Indian Penal Code is hereby quashed and set aside.

¶18

4. The Criminal Application stands disposed of.

¶19

JUDGE

¶20

JUDGE

¶21

Signed By:KAVITA PRAVIN TAYADE P. A.

¶22

Signing Date:16.01.2023 17:29

¶23

Kavita

Vivek Parashram Pawar and 5 Others v. State of Mah. Thr. Pso Ps Buldhana City Dist.Buldhana and Another

Case brief

What is this about?

What did the court decide?

Vivek Parashram Pawar and 5 Others v. State of Mah. Thr. Pso Ps Buldhana City Dist.Buldhana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S. Ashish Automobiles, Nagpur Thr. Its Partner and Others Vs Indian Oil Corporation Limited, Mumbai Thr. Its Manager and Others

Apmc Samudrapur, Thr. Chaiman, Shri. Himmat Shamraoji Chatur and Another Vs State of Maharashtra, Thr. Secretary, Marketing and Textile Dept., Mumbai and Ors.

Apmc Hinganghat Thr. Its Chairman, Sudhir Daulatchand Kothari and Another Vs State of Maha., Thr. Secy., Marketing and Textile Department, Mumbai and Ors.

Divyani W/O Swapnil Saware and Another Vs State of Maharashtra, Thr. Principal Secretary, Dept. of Public Health, Mumbai and Anr.

Mahesh S/O Vinayakrao Chendke and Others Vs State of Maharashtra Thr Secretary, Urban Development Dept., Mumbai and Others

Haridas S/O. Domaji Gajbhiye Vs State of Maharashtra, through Secretary, Department of Rural Development, Mumbai and Others