Allowed

Gopal Tukaram Marathe and Another v. the State of Maharashtra and Another

Bombay HC24 Mar 2023APPLN/1137/2023

Case brief

AI extract

What is this about?

This court allowed an application seeking quashment of criminal proceedings under Sections 498A, 323, 504 IPC. The applicants obtained a divorce decree by mutual consent, amicable settled the dispute, and consented to the application. The court applied Gian Singh principles to quash the complaints.

What did the court decide?

R.C.C. No. 828/2022 in respect of Crime No.60/2022 for Sections 498A, 323, 504 read with Section 34 IPC is quashed and set aside.

Gopal Tukaram Marathe and Another Vs the State of… — Matrimonial and Divorce | Bombay HC (2023)

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2023.odt

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928 CRAPP 1137 OF

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 928 CRIMINAL APPLICATION NO.1137 OF 2023

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GOPAL TUKARAM MARATHE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER

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Advocate for Applicants : Mr. Patil Ujwal Subhash
APP for Respondent No. 1 : Mrs. M.A. Deshpande
Advocate for Respondent No. 2 : Mr. Patil Prafullasing H.

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CORAM: MANGESH S. PATIL &
 M. M. SATHAYE, JJ.
DATE: 24.03.2023

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PER COURT :

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Heard.

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2.The applicants are seeking quashment of R.C.C. No. 828/2022
pending on the file of the Judicial Magistrate, First Class, Jalgaon in respect
of Crime No.60/2022 registered with Jalgaon Taluka Police Station District
Jalgaon for the offences punishable under Sections 498A, 323, 504 read
with Section 34 of the Indian Penal Code registered at the instance of the
respondent No. 2, who happens to be the wife of the applicant No. 1. The
applicant No. 2 is his mother.

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3. The respondent No. 2 has filed an affidavit in reply inter alia stating as to the manner in which the disputes have been settled amicably leading to obtaining a decree for divorce by mutual consent. She has expressly consented for allowing of the application.

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4. We have heard both the sides and the learned A.P.P.

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5. Applying the principles in the natter of Gian Singh Vs. State of Punjab

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928 CRAPP 1137 OF 2023.odt and ano.; (2012) 10 SCC 303, we do not see any involvement of a public policy or the settlement being arrived with some ulterior motive.

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6.The genesis of the dispute was admittedly a matrimonial discord. Not
only the offence was registered but few other cases have instituted and the
couple had decided to amicably settled the dispute by severing the
matrimonial ties.

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7. The Application is allowed. R.C.C. No. 828/2022 pending on the file of the Judicial Magistrate, First Class, Jalgaon in respect of Crime No.60/2022 registered with Jalgaon Taluka Police Station District Jalgaon for the offences punishable under Sections 498A, 323, 504 read with Section 34 of the Indian Penal Code is quashed and set aside.

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(M. M. SATHAYE, J.) (MANGESH S. PATIL, J.)

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mkd/-

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Gopal Tukaram Marathe and Another v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Gopal Tukaram Marathe and Another v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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