Allowed

Nikhil S/O Sudhakar Jichkar and 2 Others v. the State of Maharashtra, Thr. Pso Ps Hudkeshwar, Nagpur and Another

Bombay HC6 Jan 2023APL/57/2021

Case brief

AI extract

What is this about?

Single bench application under Section 482 CrPC for quashing an FIR in a matrimonial dispute. The court allowed the quashing after recording consent for separation and withdrawal of proceedings by the spouse.

What did the court decide?

First Information Report dated 06.01.2021 under Sections 498-A, 420, 504, 506 read with Section 34 IPCstands quashed.

Nikhil S/O Sudhakar Jichkar and 2 Others Vs the State… — Matrimonial and Divorce | Bombay HC (2023)

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1 apl57.21.odt

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

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CRIMINAL APPLICATION [APL] NO.57 OF 2021

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[Nikhil s/o Sudhakar Jichkar and others .vs. The State of Maharashtra and one]

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri A.S. Manohar, counsel with Shri B.M. Dafle, counsel for Applicants, Mrs. S.S. Jachak, Additional Public Prosecutor for Non-Applicant No.1-State, Shri H.N. Bhondge, counsel for Non-Applicant No.2.

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C ORAM : A.S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. D ATE : 06/01/2023.

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The applicant no.1, who is the husband of the first informant i.e. non-applicant no.2 and applicant no.2, who is the mother and the applicant no.3, who is the sister of applicant no.1, have filed this application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of First Information Report bearing No.11 of 2021 registered with Police Station Hudkeshwar, Nagpur under Sections 498-A, 420, 504, 506 read with Section 34 of the Indian Penal Code.

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During pendency of the present proceedings, the matter was amicably settled between applicant no.1 and the nonapplicant no.2. In pursuance thereof, the consent terms have been recorded before the Marriage Councellor, Family Court, Nagpur. Thus, the dispute between the applicant no.1 and the non-applicant no.2 has been settled amicably and they decided to get separated mutually. As per the consent terms, the nonapplicant no.2 agreed to withdraw all the proceedings. Therefore,

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2 apl57.21.odt

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the applicants have filed this application for quashing of First Information Report.

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The applicant no.1 and the non-applicant no.2 are present in the Court today. It is submitted by their learned counsel that in view of the terms of settlement, the criminal proceedings referred to above be quashed. The non-applicant no.2 has no objection to the quashing of the First Information Report.

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Considering the fact that the First Information Report has arisen from a matrimonial dispute and the parties to the marriage have now entered into the terms of settlement so as to put an end to the entire dispute as well as their relationship, the following order is passed :

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(i) First Information Report dated 06.01.2021 registered with Police Station Hudkeshwar, Nagpur vide Crime No.11 of 2021, under Sections 498-A, 420, 504, 506 read with Section 34 of the Indian Penal Code stands quashed.

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(ii) The Criminal Application is allowed and disposed of.

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(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)

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Gulande

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Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur Signing Date:07.01.2023 15:52

Nikhil S/O Sudhakar Jichkar and 2 Others v. the State of Maharashtra, Thr. Pso Ps Hudkeshwar, Nagpur and Another

Case brief

What is this about?

What did the court decide?

Nikhil S/O Sudhakar Jichkar and 2 Others v. the State of Maharashtra, Thr. Pso Ps Hudkeshwar, Nagpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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