Allowed

Shekhar Sanjay Godse and Ors. v. State of Maharashtra and Ors.

Bombay HC27 Jun 2024APL/647/2024

Case brief

AI extract

What is this about?

Husband, father-in-law, mother-in-law and brothers-in-law sought quashing of an FIR registered for offences under Section 498-A read with Section 34 IPC. The informant-wife filed a consent affidavit withdrawing the FIR pursuant to consent terms for divorce before the Family Court at Thane and personally reiterated her no objection. The High Court allowed the quashing application.

What did the court decide?

FIR C.R. No.0136 of 2023 quashed in terms of prayer clause (a).

Shekhar Sanjay Godse and Ors. vs State of Maharashtra and… — Dowry and Cruelty | Bombay HC (2024)

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ssm 10-apl647.2024.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 APPLICATION (APL) NO. 647 OF 2024

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Shekhar Sanjay Godse & Ors. …..Applicants

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Vs.

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The State Of Maharashtra & Ors. …..Respondents

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Adv. Sandeep Mishra i/by Adv. Baliram Pandey for the Applicants. Mr. V. A. Kulkarni APP, for the Respondent-State. Adv. Swatesh Tripathi for the Respondent No.2.

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CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 4^th JULY, 2024.

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P.C.:-

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Applicants i.e. husband, father-in-law, mother-in-law, brothers-

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in-law respectively of Respondent No.2, have filed present Application under Section 482 of the Code of Criminal Procedure for quashing of C.R. No.0136 of2023 dated 15^th June, 2023, registered with Badlapur Police Station, District Thane under Section 498-A read with Section 34 of the Indian Penal Code, with consent of Respondent No.2, the informant.

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1.1) Learned Advocate for the Applicants submitted that, till date the police have not filed charge-sheet. The said statement is accepted.

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Learned Advocate for the Respondent No.2 tendered across the bar her consent Affidavit dated 4^th July, 2024, duly affirmed before a Notary Public. Respondent No.2 therein has stated that, the Applicant No.1 and

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1/2

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ssm 10-apl647.2024.doc

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Respondent No.2 have executed Consent Terms for divorce before the Family Court at Thane. That, in pursuance of the said Consent Terms, she has given her no objection and is withdrawing the said FIR by filing present Affidavit. In paragraph No.9 thereof, she has given her no objection for quashing of the crime in question.

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Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 4^th July, 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 (a).

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( DR. NEELA GOKHALE, J.)

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(A.S. GADKARI, J.)

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Digitally signed by SANJIV SANJIVSHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2024.07.18 14:31:45 +0530

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Shekhar Sanjay Godse and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Shekhar Sanjay Godse and Ors. v. State of Maharashtra and Ors.

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

Case details

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