Allowed

Deepak Singh Hariendra Nath Singh and Others v. the State of Maharashtra and Another

Bombay HC25 Apr 2023APPLN/677/2021

Case brief

AI extract

What is this about?

High Court allowed a criminal application for quashing an FIR and associated criminal case on the grounds of matrimonial discord and a unanimous settlement between parties, including transmission of settled amounts to the family court.

What did the court decide?

Crime No. 1183 of 2020 and Regular Criminal Case No. 117 of 2022 quashed; deposited amount of Rs.17,00,000/- with interest transmitted to Family Court Jalgaon.

Deepak Singh Hariendra Nath Singh and Others Vs the… — Matrimonial and Divorce | Bombay HC (2023)

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 960-Cri.Appln.677 of 2021.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.677 OF 2021

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DEEPAK SINGH HARIENDRA NATH SINGH AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Advocate for Applicants : Mr. Satyajit S. Bora
APP for Respondent - State : Mr. M. M. Nerlikar
Advocate for Respondent No.2 : Mr. S. R. Patil

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CORAM : MANGESH S. PATIL AND
 ABHAY S. WAGHWASE, JJ.

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DATED : 25 APRIL 2023

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PER COURT :

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. Heard both sides and perused the papers.

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2.The petitioners are seeking quashment of the Crime No. 1183 of
2020 registered with MIDC Police Station, Jalgaon for the offences punishable
under sections 498-A, 406, 323 and 504 of Indian Penal Code on a F.I.R.
lodged by respondent no.2 who happens to be wife of applicant no.1 and the
subsequent Regular Criminal Case No. 117 of 2022 pending on the file of
learned Judicial Magistrate First Class, Jalgaon.

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3.Learned advocate for respondent no.2 tenders across the bar her
affidavit-in-reply. It is taken on record.

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 960-Cri.Appln.677 of 2021.odt

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4. Both sides, i.e. applicants on the one hand and respondent no.2

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on the other hand are unanimous that the genesis of registration of crime is
the matrimonial discord. They have decided to amicably settle the dispute.
The terms of settlement have been arrived at and filed before the Family Court
and the respondent no.2 does not have any objection for quashment of the
crime and criminal case.

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5.Mr. Bora, learned advocate for the applicants submits that
applicant no.3 is no more.

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6.Parties also jointly request to transmit the amount of

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Rs.17,00,000/- together with interest, if any, deposited in this court pursuant
to an order passed in Anticipatory Bail Application No.1234 of 2020, to the
Family Court Jalgaon for disposal in accordance with the terms of settlement.

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7.The proposed compromise cannot be said to be against the public
policy or is with some ulterior motive.

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8. The application is allowed.

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9.Crime bearing No.1183 of 2020 and Regular Criminal Case No.

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117 of 2022 pending on the file of learned Judicial Magistrate First Class,
Jalgaon is quashed and set aside.

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 960-Cri.Appln.677 of 2021.odt

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10.The amount of Rs.17,00,000/- together with interest, if any

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accrued thereon which stands deposited in this court pursuant to the order
passed in Anticipatory Bail Application No.1234 of 2020 shall be immediately
transmitted to the Family Court Jalgaon for disposal in accordance with terms
of settlement.

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 (ABHAY S. WAGHWASE, J.)

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 (MANGESH S. PATIL, J.)

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Tandale/-

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Deepak Singh Hariendra Nath Singh and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Deepak Singh Hariendra Nath Singh 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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