Quashing application under Section 482 CrPC seeking to set aside an FIR for offences under Sections 498-A, 323, 504 and 506 IPC and the consequent charge-sheet. The complainant wife filed an affidavit confirming amicable settlement and no wish to proceed. The court allowed the application in terms of prayer clause B.
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960-APPLN-662-24.odt
2024:BHC-AUG:10597-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 662 OF 2024
Satish Namdeo Mahale and Another ..APPLICANTS VERSUS
State of Maharashtra and Another ..RESPONDENTS
Mr. S.A. Kulkarni, Advocate for applicants Mr. V.K. Kotecha, A.P.P. for respondent no.1 – State Mr. N.S. Salunke, Advocate for respondent no.2
CORAM : R.G. AVACHAT AND
NEERAJ P. DHOTE, JJ DATE : 11th JUNE, 2024
PER COURT :
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960-APPLN-662-24.odt
Our attention is drawn to the affidavit filed by Respondent No.2 – wife wherein she states that the matter has been amicably settled and she do not want to proceed with this litigation. She further states that the aforesaid F.I.R. and charge-sheet kindly be quashed.
4. Relevant paragraphs of the affidavit read thus :-
“6. In reply to the contents of para no.03, it is true to say that, I had preferred Hindu Marriage Petition-F no. 309/2023 u/s 13(B) of Hindu Marriage Act, 1955 before learned Family Court, Dhule which is pending before the learned Family court. It is also true to say that, since due involvement of respective elder members of our family, dispute amongst us have now come to an end and I did not want to proceed in the litigation, therefore, I have decided to take mutual divorce.
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960-APPLN-662-24.odt
Respondent No.2 – wife, criminal application is allowed in terms of prayer clause [B].
( NEERAJ P. DHOTE, J. )
( R.G. AVACHAT, J. )
SSD
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1 issue framed by the court
Should the FIR and charge-sheet be quashed where the parties have amicably settled and the complainant wife does not wish to continue the prosecution?
2 provisions across 2 enactments
Satish Namdeo Mahale and Another
State of Maharashtra
Respondent No.2 (wife)
R.G. Avachat
Neeraj P. Dhote
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
