Allowed

Sachin S/O Krushnarao Fating and 6 Other v. the State of Maharashtra through Its Pso Ps Kalamna Dist Nagpur and Another

Bombay HC12 Nov 2024APL/1603/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal prosecution under Sections 498-A IPC and Section 4 of the Dowry Prohibition Act. The court held that the dispute was amicably settled and continuation would abuse process of law.

What did the court decide?

Criminal prosecution R.C.C. No. 1953 of 2019 arising out of Crime No. 82 of 2019 is quashed and set aside.

Sachin S/O Krushnarao Fating and 6 Other Vs the State… — Matrimonial and Divorce | Bombay HC (2024)

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1 10.apl.1603.2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APL) NO.1603 of 2024

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Sachin s/o Krushnarao Fating and ors. ..vs..

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State of Maharashtra and anr.

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri S.S. Nagrare, Advocate for the applicants. Shri U. Phasate, Addl.P.P. for the State Shri N.S. Padia, Advocate for non-applicant no.2.

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CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ. DATED : 12/11/2024.

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Heard.

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This is an application seeking to quash the prosecution i.e. R.C.C. No. 1953 of 2019 arising out of Crime No.82 of 2019 registered with the Kalmana Police Station, Nagpur City for the offence punishable under Sections 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act on account of settlement.

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The marriage between the couple took place in the year 2018 and after disagreement and feeling matrimonial harassment she left the husband’s house and then lodged the report. The matter has been amicably settled in between the parties. They have already jointly applied for a decree of divorce as well as amount towards one time settlement has been fixed. The lady has appeared before the Court, gave her no objection to quash the proceedings. She also filed an affidavit-in-reply about her no objection.

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It is a matrimonial dispute, which has been

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2 10.apl.1603.2024

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settled between the parties. The offence cannot be termed as henious or anti-social. In view of that continuation of prosecution would amount to abuse of the process of law.

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In view of the above, the application is allowed. We hereby quash and set aside the criminal prosecution bearing R.C.C. No. 1953 of 2019 arising out of Crime No.82 of 2019 registered with the Kalmana Police Station, Nagpur City for the offence punishable under Sections 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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The Criminal Application stands disposed of accordingly.

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( ABHAY J. MANTRI, J. ) ( VINAY JOSHI, J. )

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Trupti

Sachin S/O Krushnarao Fating and 6 Other v. the State of Maharashtra through Its Pso Ps Kalamna Dist Nagpur and Another

Case brief

What is this about?

What did the court decide?

Sachin S/O Krushnarao Fating and 6 Other v. the State of Maharashtra through Its Pso Ps Kalamna Dist Nagpur 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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