Allowed

Gaurav Vijay Shinde and Ors. v. State of Maharashtra and Anr.

Bombay HC17 Apr 2023WP/1117/2023

Case brief

AI extract

What is this about?

In this criminal writ petition involving disputes under Sections 498-A, 377, 377, 323, 504, and 506 of the IPC, the High Court allowed the quashing of a criminal complaint registered against the petitioners. The mediation process had initially failed, but the parties subsequently reached an amicable settlement, resulting in the quashing of the case.

What did the court decide?

Petition allowed; Criminal Complaint No. 5 of 2023 quashed.

Gaurav Vijay Shinde and Ors. Vs State of Maharashtra and Anr. — Domestic Violence | Bombay HC (2023)

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1 of 2 55.WP.1117.2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.1117 OF 2023

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WITH
INTERIM APPLICATION NO.1355 OF 2023

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Gaurav Vijay Shinde and othersPetitioners
versus

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The State of Maharashtra and another

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Respondents

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Mr.Arjun Kadam, Advocate for Petitioners.
Mr.S.S.Hulke, APP, for State.
Ms.Pushpa J. Verma, Advocate for Respondent no.2.

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CORAM :A.S.GADKARI AND
PRAKASH D.NAIK, JJ.

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DATE :17th April 2023

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PC :

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1.In pursuance of the Order dated 14th February 2023 learned
Mediator has forwarded her report dated 15th March 2023 through
Deputy Registrar, Mediation Centre, High Court, Mumbai. Learned
Mediator has informed that, mediation has failed. The same is taken
on record.

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2.Learned advocate for Petitioners submitted that, after process
of mediation failed, the parties herein approached another Mediator
and now Petitioners and Respondent no.2 have amicably settled the
matter.

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MANISH Digitally signed SURESH by MANISHSURESH THATTE 3. Record indicates that present crime is registered by Date: 2023.04.20 THATTE 13:45:31 +0530 Respondent no.2 viz C.R No.5 of 2023 with Khadakpada Police

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2 of 2 55.WP.1117.2023.doc

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Station, Kalyan, District Thane, for offences under Sections 498-A,
377, 323, 504, 506 and 34 of IPC against Petitioners i.e. husband
and sister in laws of Respondent no.2.

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The Respondent no.2 has filed an Affidavit dated 10th April
2023 duly affirmed before a Notary Public. The said Affidavit is
accompanied with Consent Terms dated 10th April 2023 executed
between Petitioners herein and Respondent no.2. In paragraph no.3
thereof, Respondent no.2 has reiterated that, she has no objection for
quashment of C.R No.5 of 2023 registered with Khadakpada Police
Station, Kalyan. Respondent no.2 is personally present in the Court
and through her advocate gave her `no objection’ for quashing of
present crime.

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4. In view of the above, Petition is allowed in terms of prayer clause (b).

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5. In view of disposal of Writ Petition, Interim Application No.1355 of 2023 does not survive and is disposed off.

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(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.)

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MST

Gaurav Vijay Shinde and Ors. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Gaurav Vijay Shinde and Ors. v. State of Maharashtra and Anr.

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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