Allowed

Nikhil Hiraji Nikhil and Another v. the State of Maharashtra and Another

Bombay HC19 Apr 2023WP/34/2023

Case brief

AI extract

What is this about?

This consolidated judgment quilts three criminal writ petitions filed in matrimonial disputes. Upon parties reaching an amicable settlement and obtaining express consent for quashment, the bench allowed the petitions and quashed the relevant FIR and criminal case due to the absence of public policy interest.

What did the court decide?

FIR No. 0279 of 2021 and Criminal Case RCC No. 75 of 2022 quashed and set aside.

Nikhil Hiraji Nikhil and Another Vs the State of… — Dowry and Cruelty | Bombay HC (2023)

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1019-CriWP-34-2023

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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1019 CRIMINAL WRIT PETITION NO. 34 OF 2023

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1. Nikhil Hiraji Londhe

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2. Smt. Sushila Hiraji Londhe … Petitioners

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Versus

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1. The State of Maharashtra 2. Sau Harshal Nikhil Londhe … Respondents

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Mr. P. B. Shirsath, Advocate for the petitioners.
Mr. V. S. Badakh, APP for Respondent No.1.
Ms. Neelima B. Kharde, Advocate for Respondent No.2.

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WITH

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CRIMINAL WRIT PETITION NO. 1188 OF 2021

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1. Shri Pradeep Vinayakrao Pathare 2. Sau. Pratibha Pradeep Pathare

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Versus

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1. Sau. Harshal Nikhil Londhe 2. The State of Maharashtra

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Mr. Mukul S. Kulkarni, Advocate for the Petitioners.
Mr. Rahul R. Karpe, Advocate for Respondent No.1.
Mr. V. S. Badakh, APP for Respondent No.2.

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WITH

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CRIMINAL WRIT PETITION NO. 1196 OF 2021

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1. Shri Rupesh Vasantrao Shidore

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2. Sau Surekha Rupesh Shidore 3. Miss Vinaya Rupesh Shidore

Versus

1019-CriWP-34-2023

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1. Sau. Harshal Nikhil Londhe

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2. The State of Maharashtra

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Mr. Mukul S. Kulkarni, Advocate for the Petitioners.
Mr. Rahul R. Karpe, Advocate for Respondent No.1.
Mr. V. S. Badakh, APP for Respondent No.2.

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

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DATED :19 APRIL 2023

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PER COURT :-

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1. The petitioners on the one hand and respondent no.2 in all these petitions on the other hand seem to have reached an amicable settlement. In para 12 of the affidavit-in-reply filed by respondent no.2 in Criminal Writ Petition No. 34 of 2023, she has expressly consented for quashment of the crime.

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2.The learned Advocates for both the sides are unanimous that
the parties are settling all the disputes. They are all personally present
in the court. Since the offence has been registered pursuant to a
matrimonial dispute on an FIR lodged by respondent no.2, in our
view, no public policy is involved and the crime can easily be quashed
and set aside in view of the consent.

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1019-CriWP-34-2023

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3.The writ petitions are allowed. FIR No. 0279 of 2021 registered
with Loni Police Station, District Ahmednagar for the offences
punishable under sections 498-A, 323, 504, 506, 420, 406 r/w 34 of
IPC and Section 4 of the Dowry Prohibition Act, 1961 as well as the
Criminal Case bearing R.C.C. No. 75 of 2022 pending on the file of
the Judicial Magistrate First Class, Rahata, are quashed and set aside.

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 [ABHAY S. WAGHWASE, J.] [MANGESH S. PATIL, J.]

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vre

Nikhil Hiraji Nikhil and Another v. the State of Maharashtra and Another

Case brief

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What did the court decide?

Nikhil Hiraji Nikhil and Another v. the State of Maharashtra and Another

Case brief

What is this about?

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