Allowed

Akshay Suresh Karande and Ors. v. State of Maharashtra and Anr.

Bombay HC6 Apr 2023WP/996/2023

Case brief

AI extract

What is this about?

The High Court at Bombay quashed the criminal proceedings arising from an FIR registered against the petitioners and their relatives for matrimonial offences including cruelty and apprehension of violence. The petition was allowed based on an affidavit filed by the complainant consenting to the settlement and consent terms already filed before the Family Court.

What did the court decide?

Criminal Writ Petition allowed; Proceedings in R.C.C. No.2730 of 2022 arising out of the FIR dated 24.07.2021 registered with Navghar Police Station quashed and set aside.

Akshay Suresh Karande and Ors. Vs State of Maharashtra and… — Dowry and Cruelty | Bombay HC (2023)

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SLJ

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47-WP-996-2023.doc

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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.996 OF 2023

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Akshay Suresh Karande & Ors....Petitioners

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Vs.

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The State of Maharashtra & Anr.

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...Respondents

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Ms. Shraddha Mittal i/by Bhattacharya & Associates for Petitioners.
Mrs. M. M. Deshmukh, A.P.P. for Respondent No.1-State.
Ms. Sulakshana D. Survase a/w Mr. Rahul Dubey for Respondent No.2.

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CORAM : A. S. GADKARI AND

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PRAKASH D.NAIK, JJ.

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DATE : 6^th APRIL 2023.

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P.C.:-

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. Leave to amend to challenge the charge-sheet with addition of

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pleadings in the Petition and prayer clauses.

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Amendment to be carried out forthwith.

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2. The Petitioners are arraigned as accused in C.R. No.507 of 2021

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registered with Navghar Police Station, District Thane, on 24.07.2021 for
offences under Sections 498(A), 323, 504 & 506 read with Section 34 of

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Indian Penal Code. The Respondent No.2 is the first informant.

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3. Petitioner No.1 is the husband and Petitioner Nos.2 to 4 are relatives

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of Respondent No.2. In the First Information Report (for short ‘FIR’) lodged

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Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2023.04.15 17:14:14 +0530

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47-WP-996-2023.doc

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SLJ

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by Respondent No.2 it is alleged that, her marriage was performed with
Petitioner No.1 on 05.02.2018. Pursuant to her marriage, she was ill
treated by the accused. Petitioner Nos.2 & 3 are father-in-law and mother-
in-law of Respondent No.2 and Petitioner No.5 is the brother of her father-
in-law. Petitioner No.4 is the wife of Petitioner No.5. There was demand of
money by the accused. She was subjected to mental torture. On
completing investigation charge-sheet is filed. The proceedings viz. R.C.C.
No.2730 of 2022 are pending before the Court of J.M.F.C. Court, No.8,
Thane.

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4.The Respondent No.2/Complainant is present in the Court. She is
represented by Advocate. She has filed Affidavit dated 06.04.2023 in
support of the prayers in this Petition. She has confirmed the contents of
Affidavit and consented for quashing the impugned FIR. It is stated that,
the parties have settled the matter amicably. ‘Consent Terms’ are filed
before the Family Court at Bandra, Mumbai in Petition No.F-3342/2022.
The FIR registered with Navghar Police Station, District Thane, vide C.R.
No.507 of 2021 against the accused may be quashed.

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5.Considering the fact that, the parties have arrived at amicable
settlement, the prayers in this Petition can be allowed.

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6. Hence, the following Order :

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ORDER

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(i) Criminal Writ Petition No.996 of 2023 is allowed.

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47-WP-996-2023.doc

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(ii)Proceedings in R.C.C. No.2730 of 2022 arising out FIR dated
24.07.2021 registered with Navghar Police Station, District Thane,
vide C.R. No.507 of 2021 pending before the Court of J.M.F.C. Court,
No.8, Thane, is quashed and set aside.

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(PRAKASH D. NAIK, J.)

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 (A.S. GADKARI, J.)

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Akshay Suresh Karande and Ors. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Akshay Suresh Karande and Ors. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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