Allowed

Nanda Wamanrao Thosar and 6 Others v. State of Mha. Thr. Pso Ps Akot Dist.Akola and Another

Bombay HC7 Oct 2024APL/339/2023

Case brief

AI extract

What is this about?

Application to quash an FIR for offences under Sections 498-A and 504 read with Section 34 IPC arising from a matrimonial dispute, on the ground of settlement. The parties arrived at a full and final compromise, payment was completed before the Court, and the informant filed a no-objection. The Court allowed the application and quashed the FIR.

What the court decided

AI extract

Nanda Wamanrao Thosar and 6 Others Vs State of Mha. Thr… — Dowry and Cruelty | Bombay HC (2024)

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1 apl339.2023

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

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CRIMINAL APPLICATION (APL) NO.339/2023 (Smt. Nanda Wamanrao Thosar and others Vs. State of Maharashtra and another)

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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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. H.N. Bhondge, Advocate for the applicants. Mr. Anant Ghogre, A.P.P. for non-applicant No.1/State. Mr. V.B. Bhise, Advocate for non-applicant No.2.

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CORAM: VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ. DATED: 7.10.2024.

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Heard.

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This is an application seeking to quash F.I.R. in Crime No.0546/2022 registered by non-applicant No.1 for the offence punishable under Sections 498-A and 504 read with Section 34 of Indian Penal Code on account of settlement.

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The couple got married in the year 2010. The couple had one daughter, however, the husband died on 29.10.2020. The informant was staying with her in-laws and on feeling matrimonial harassment she has lodged the report. The informant has also filed application under the provisions of Protection of Women from Domestic Violence Act. The matter is settled before the Judicial Magistrate by arriving into compromise deed. As per settlement deed the applicants have already paid Rs.4,00,000/- and today they are handing over demand draft of Rs.4,01,600/- in the name of daughter towards full and final settlement. The informant is present before us who has filed a pursis stating about the settlement and her no objection to quash the proceedings.

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The informant’s learned Advocate pointed out that there is some spelling mistake in the name in demand draft.

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2 apl339.2023

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Applicants’ learned Advocate would submit that if demand draft is not encashed, they will replace the same within one week. The applicants are present before us who undertake to this Court accordingly.

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It was a matrimonial dispute. The husband is no more. The matter is settled, therefore, the continuation of prosecution would yield nothing.

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In view of the above, application is allowed.

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We hereby quash and set aside F.I.R. in Crime No.0546/2022 registered by non-applicant No.1 for the offence punishable under Sections 498-A and 504 read with Section 34 of Indian Penal Code against the present applicants.

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(MRS.VRUSHALI V.JOSHI, J.) (VINAY JOSHI, J.)

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Tambaskar.

Nanda Wamanrao Thosar and 6 Others v. State of Mha. Thr. Pso Ps Akot Dist.Akola and Another

Case brief

What is this about?

What the court decided

Nanda Wamanrao Thosar and 6 Others v. State of Mha. Thr. Pso Ps Akot Dist.Akola and Another

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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