The Bombay HC allowed an application under Section 482 Cr.P.C. for quashing proceedings against husband for offences under Section 498-A IPC. The wife filed an affidavit stating amicable settlement with separation and receipt of Rs. 2,00,000/-.
Application allowed; Criminal Application disposed of accordingly.
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2024:BHC-AUG:11244-DB
952-Criappl-101-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 101 OF 2022
Syed Shakil Syed Nizamuddin and Ors. ….Applicants
VERSUS
The State of Maharashtra and Anr. …..Respondents
Mr. Gadegaonkar Bharat N., Advocate for Applicant Mr. N. R. Dayma, APP for Respondent No.1 – State Mr. G. R. Syed, Advocate for Respondent No.2
CORAM : R. G. AVACHAT & NEERAJ P. DHOTE, JJ. DATE : 19.06.2024
PER COURT :
3. Leave to amend. The copy of Charge-sheet is taken on record.
1
952-Criappl-101-2022.odt
“I] The Deponent accepts that there was amicable settlement and the Applicant No.1 and deponent decided to get separated by accepting the agreed amount of Rs.2,00,000/- [In words Rupees Two Lakhs] towards full and final settlement. The Applicants had returned the Household Articles given in the marriage.
II] In view of above compliances the deponent has no objection to allow Criminal Application No.510/2022 as prayed for.”
ORDER
(a) Criminal Application is allowed in terms of amended prayer clauses.
(b) Criminal Application is disposed of accordingly.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]
Sameer
Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 21/06/2024 10:52:32
2
2 issues framed by the court
Whether the High Court should exercise its power under Section 482 Cr.P.C. to quash FIR and charge-sheet based on amicable settlement by the wife.
Whether the nature of offences under Sections 498-A, 323, 504, 506, and 34 IPC allows quashing upon settlement.
2 provisions across 2 enactments
Syed Shakil Syed Nizamuddin and Ors.
The State of Maharashtra and Anr.
R. G. Avachat
Neeraj P. Dhote
As recorded by the court registry
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