Husband and mother-in-law sought quashing of a dowry cruelty case under Sections 498-A and 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act following an amicable settlement; with the informant's no-objection affidavit, the High Court allowed quashing.
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sns 45- apl-898-2024 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.898 OF 2024
Shalok Hari Nagpal & Anr. …..Applicants
Vs.
The State Of Maharashtra & Anr. …..Respondents
Mr. Amrut M. Vernekar for the Applicants. Mr. S.A.Karmakar APP, for Respondent No.1-State. Mr. Akhil Kupade, for Respondent No.2. Mr. Pankaj Hole, Gamdevi Police Station.
CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 7th AUGUST, 2024.
P.C.:-
No.2 have filed present Application under Section 482 of Cr.P.C., for quashing of Criminal Case No.4000052/PW/17 pending on the file of Additional Chief Metropolitan Magistrate’s 40th Court, Girgaum, Mumbai arising out of C.R. No.232 of 2015 dated 23rd November 2015 lodged with Gamdevi Police Station, Mumbai under Sections 498-A, 406 of the Indian Penal Code (‘IPC’) and under Sections 3 and 4 of the Dowry Prohibition Act,1961 with the consent of Respondent No.2, the informant.
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sns 45- apl-898-2024 .doc
dated 14th May 2024 in Writ Petition No.11876 of 2019 before the learned Single Judge of this Court. In view of the said Consent Terms, the Respondent No.2 is giving her no objection for quashing of the crime in question. He tendered across the bar her Affidavit dated 19th July 2024 duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement and execution of Consent Terms in Writ Petition No.11876 of 2019 before the learned Single Judge of this Court. In paragraph 10 thereof, she has given her no objection, if the prayers in Application are granted in its entirety.
(a).
(DR NEELA GOKHALE, J.)
(A.S. GADKARI, J.)
Digitally signed bySHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2024.08.12 11:14:48 +0530
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1 issue framed by the court
Whether the criminal case under Sections 498-A and 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act should be quashed on amicable settlement with the informant's consent.
3 provisions across 3 enactments
Shalok Hari Nagpal
Anr.
The State Of Maharashtra
Respondent No.2 (informant)
A. S. Gadkari
Dr Neela Gokhale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
