Allowed

Arpan Hemant Vishwakarma and Ors. v. State of Maharashtra and Anr.

Bombay HC24 Jun 2024APL/458/2024

Case brief

AI extract

What is this about?

The Bombay High Court, in a criminal application under Section 482 CrPC, allowed the quashing of criminal proceedings pending against the applicants for offenses under Sections 498-A, 406, and 504 IPC. The disposal was based on the affidavit and consistent representation of the respondent officiating wife stating that the discord was amicably resolved and she had given her consent for quashing.

What did the court decide?

The Criminal Application for quashing of R.C.C.No. 1473 of 2022 under Section 482 CrPC is allowed in terms of the prayer clause.

Arpan Hemant Vishwakarma and Ors. vs State of Maharashtra and Anr. — Bombay HC (2024) — LawSathi Research

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rdg 9-apl-458-2024.doc

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2024:BHC-AS:25207-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.458 OF 2024

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Arpan Hemant Vishwakarma & Ors. …..Applicants

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Vs.

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The State Of Maharashtra & Anr. …..Respondents

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Mr. Parag Mishra, for the Applicants. Smt. Anamika Malhotra, Addl.PP, for Respondent No.1-State. Mr. K. H. C. for Respondent No.2.

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CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 24^th JUNE, 2024.

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P.C.:-

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Petitioners, i.e., husband and in-laws of Respondent No.2 have filed present Application under Section 482 of the Code of Criminal Procedure for quashing of R.C.C.No. 1473 of 2022 pending on the file of 4^th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Vasai arising out of C.R.No. 1371 of 2021 registered with Waliv Police Station, District Palghar for the offenses punishable under Sections 498-A, 406, 504, 506 read with Section 34 of the Indian Penal Code with the consent of Respondent No.2.

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Respondent No.2 has filed Affidavit dated 29^th February 2024 duly affirmed before a Notary Public. In paragraph No.2 thereof, she has

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1/2

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rdg 9-apl-458-2024.doc

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stated that, the matrimonial discord between her and the Applicant No.1 has been resolved amicably and accordingly they have jointly filed Consent Terms dated 2^nd February 2024 in Domestic Violence Application No. 9/DV/2022 before the trial Court at Vasai, Palghar. In Paragraph No.5 thereof, she has given her consent for quashing of the said case.

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2.1) Respondent No.2 is personally present in Court and through

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her Advocate reiterates the contents of her Affidavit dated 29^th February 2024 and her ‘no objection’ for quashing of the crime in question.

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In view thereof, Application is allowed in terms of prayer

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clause (b).

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(DR NEELA GOKHALE, J.)

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2/2

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Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 28/06/2024 13:38:46

Arpan Hemant Vishwakarma and Ors. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Arpan Hemant Vishwakarma 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

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