Allowed

Manoj Ishwarsingh Pawar and Others v. the State of Maharashtra and Another

Bombay HC20 Dec 2023APPLN/215/2023

Case brief

AI extract

What is this about?

The High Court of Bombay, Aurangabad Bench allowed a criminal reference application filed under Section 482 Cr.P.C. to quash an FIR under Sections 498-A and related IPC provisions, holding that quashment was permissible as the matter had been amicably settled and the Respondent No.2 gave express consent.

What did the court decide?

Application allowed in terms of prayer clause 'B' to quash FIR No. 340 of 2022 registered at Bhadgaon police station.

Manoj Ishwarsingh Pawar and Others Vs the State of… — Matrimonial and Divorce | Bombay HC (2023)

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cran215.23-corrected -1-

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This order is corrected in view of the speaking to the minutes order dated 15.01.2024.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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970 CRIMINAL APPLICATION NO. 215 OF 2023

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Manoj s/o Ishwarsingh Pawar

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Kalpana w/o Ishwarsingh Pawar

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Ishwarsingh s/o Mahadusingh Pawar

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Savita w/o Bhushan Salunke 5. Bhushan s/o Chandrasingh Salunke ...Applicants

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VERSUS

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The State of Maharashtra 2. Gayatri w/o Manoj Pawar ...Respondents

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Advocate for Applicant : Ms. Nima R. Suryawanshi APP for Respondent No.1: Ms. R. R. Tandale Advocate for Respondent No.2 : Mr. Akshay Kulkarni

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CORAM : R. G. AVACHAT AND SANJAY A. DESHMUKH, JJ. DATED : 20^th DECEMBER, 2023.

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ORDER (PER SANJAY A. DESHMUKH, J.) :-

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This application is filed under Section 482 of Cr.P.C. for quashment of the F.I.R. No. 340 of 2022 registered with Bhadgaon police station, District Jalgaon for the offences punishable under Sections 498-A, 323, 504 r.w. 34 of I.P.C., charge sheet No. 8 of 2023 and R.C.C. No. 9 of 2023 pending before the J.M.F.C. Bhadgaon.

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Respondent No.2 averred in the report that after her

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marriage with applicant No.1, in the year 2014, she was treated well for some period. But thereafter, the applicants consistently abused and ill-treated her one one ground or the other. She therefore, lodged the report.

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Learned advocates for the parties submit that the matter has been amicably settled between the applicants and respondent No.2 through mediation. The parties are present before the Court. The consent terms are filed on record alongwith report of the mediator. Respondent No.2 has given express consent for allowing the application. Learned A.P.P. has strongly opposed to allow the application.

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Considering the fact that the matter has been amicably settled, the application deserves to be allowed in the interest of justice. The application thus is allowed in terms of prayer clause “B”.

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No costs.

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(SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.)

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rlj/

Manoj Ishwarsingh Pawar and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Manoj Ishwarsingh Pawar and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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