Allowed

Dinesh Shyam Jarkani v. Hiya Dinesh Jarkani @ Jharna Kamlesh Tolani

Bombay HC25 Apr 2023WP/1040/2023

Case brief

AI extract

What is this about?

The High Court quashed Cr. No. 0026 of 2023 signed against husband and family members for dowry and cruelty allegations. The wife affirmed in court that the dispute was settled amicably and requested quashing, leading the Court to allow the petition.

What did the court decide?

Petition allowed to quash Cr. No. 0026 of 2023 registered under various sections of the Indian Penal Code.

Dinesh Shyam Jarkani Vs Hiya Dinesh Jarkani @ Jharna… — Dowry and Cruelty | Bombay HC (2023)

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 42-Wp-1040-2023.odt

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Osk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1040 OF 2023

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Dinesh Shyam Jarkani & Ors.… Petitioners
V/s.
Hiya Dinesh Jarkani @ Jharna
Kamlesh Tolani & Anr.… Respondents

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Mr. Laxman Kanal a/w. Ms.Divya Kanal for Petitioners.
Ms. Naina Chugh i/b. Ms. Manisha Keswani for Respondent No.1.
Mrs.G.P. Mulekar, A.P.P. for Respondent No.2-State.
Mr. Yogesh Mali, Ulhasnagar Police Station is present.

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CORAM : A. S. GADKARI AND

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PRAKASH D. NAIK, JJ.

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DATE : 25th April 2023.

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P.C. :

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1.Petitioners i.e. husband (Petitioner No.1), mother-in-law (Petitioner

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No.2) and brother-in-law (Petitioner No.3) of Respondent No.1 have filed
present Petition for quashing of CR No.0026 of 2023, dated 15th January 2023,
registered with Ulhasnagar Police Station, District Thane, under Sections 498A,
406, 323, 504, 506, read with 34 of Indian Penal Code by consent of
Respondent No.1, wife of Petitioner No.1.

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2.Respondent No.1 has filed an affidavit dated 13th March 2023, duly
affirmed before a Notary Public. Her signature has been identified by her
Advocate on record, namely, Ms.Manisha Keswani. In para No.4 thereof, the

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Osk 42-Wp-1040-2023.odt

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Respondent No.1 has stated that, the allegations levelled against the Petitioners
were due to misunderstanding and now she has amicably settled the issue. That
she does not now wish to proceed with the said crime against the Petitioners. In
para No.5 she has stated that, the said CR No. 0026 of 2023 registered with
Ulhasnagar Police Station, District Thane may be quashed.

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3. Respondent No.1 is personally present in the Court and through her

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counsel reiterated the contents of her affidavit dated 13th March 2023 and her

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‘no objection’ for quashing of present crime.

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4.In view thereof, Petition is allowed in terms of prayer Clause 8(b).

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[ PRAKASH D. NAIK, J. ][ A.S. GADKARI, J. ]

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Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2023.05.03 10:27:32 +0530

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Dinesh Shyam Jarkani v. Hiya Dinesh Jarkani @ Jharna Kamlesh Tolani

Case brief

What is this about?

What did the court decide?

Dinesh Shyam Jarkani v. Hiya Dinesh Jarkani @ Jharna Kamlesh Tolani

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

Case details

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