High Court at Aurangabad allowed three criminal applications seeking quashment of proceedings under Sections 498A, 323, 504, and 506 IPC arising from matrimonial discord, citing a settlement between parties and amicable separation.
Quashment of Crime No.82/2021 and R.C.C. No.226/2021. Set aside subsequent criminal case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1000.Appln.396.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.396 OF 2023
WITH APPLN/245/2023 WITH APPLN/397/2023
DIPAK ANKUSH GHUGE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
Advocate for Applicant : Mr. Deshpande Jagdish V.
APP for Respondents: Mr. M.M. Nerlikar
Advocate for Respondent No.2 : Mr. A.B. Gaikwad h/f. Adv. A.D. Deshmukh
CORAM: MANGESH S. PATIL &
ABHAY S. WAGHWASE, JJ.
DATE:20.04.2023
PER COURT :
These are the applications seeking quashment of Crime
No.82/2021 registered with Police Station Parali (Rural) for the offence
punishable under Section 498A, 323, 504,506 read with Section 34 of the
Indian Penal Code and the subsequent criminal case bearing R.C.C.
No.226/2021 pending before the Judicial Magistrate, First Class, Parali
Vaijnath, District Beed on the basis of the terms of settlement arrived at
between the applicants on the one hand and the respondent No.2 on the
other.
2.We have heard both the sides and the learned APP and perused
the Affidavit-in-reply filed by the respondent No.2 wherein she inter alia for
the reasons mentioned therein and in pursuance to the terms of settlement
gives no objection for quashment of the crime.
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1000.Appln.396.23.odt
3.Since the offence was registered pursuant to the matrimonial
discord and the couple has now decided to severe the matrimonial ties
amicably, that cannot be said to be against any public policy.
4.The applications are allowed. The Crime No.82/2021
registered with Police Station Parali (Rural) and the subsequent criminal
case bearing R.C.C. No.226/2021 pending before the Judicial Magistrate,
First Class, Parali Vaijnath, District Beed are quashed and set aside.
(ABHAY S. WAGHWASE, J.)
(MANGESH S. PATIL, J.)
habeeb
2/2
2 issues framed by the court
Whether the criminal proceedings under Section 498A IPC arising from matrimonial discord can be quashed upon amicable severance of ties.
Whether a settlement agreement between the applicants and respondent No.2 bars the continuation of the criminal trial.
4 provisions across 1 enactments
DIPAK ANKUSH GHUGE
THE STATE OF MAHARASHTRA
ANOTHER
MANGESH S. PATIL
ABHAY S. WAGHWASE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court