Allowed

Amar S/O. Vasant Torka and Ors. v. the State of Maharashtra and Anr.

Bombay HC8 May 2024WP/1828/2024

Case brief

AI extract

What is this about?

Petitioners, husband's family members, sought quashing of a criminal case under Sections 498-A, 323, 504 and 506 r/w 34 IPC arising from a matrimonial dispute. Respondent No.2, the informant, affirmed her no objection in view of an amicable settlement and pending mutual divorce. The Court allowed the petition.

What did the court decide?

R.C.C. No.885 of 2023 (C.R. No.603 of 2022) quashed in terms of prayer clause (a), with consent of Respondent No.2.

Amar S/O. Vasant Torka and Ors. vs the State of Maharashtra… — Dowry and Cruelty | Bombay HC (2024)

¶1

ssm 23-wp1828.2024.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL WRIT PETITION NO. 1828 OF 2024

¶5

Aman S/o. Vasant Torka & Ors.

¶6

…..Petitioners

¶7

Vs.

¶8

The State Of Maharashtra & Anr. …..Respondents

¶9

Mr. Amit Dubey i/by Adv. A. M. Saraogi for the Petitioners. Mr. A.S. Shalgaonkar APP, for the Respondent-State. Adv. Priya Maurya i/by Adv. Sagar Shah for the Respondent No.2.

¶10

CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 18^th JULY, 2024.

¶11

P.C.:-

¶12

Petitioners i.e. husband, mother-in-law, father-in-law, sister-in-

¶13

law and husband of sister-in-law respectively of Respondent No.2, have filed present Petition under Article 226 of the Constitution of India for quashing of R.C.C. No.885 of 2023 pending on the file of 11^th Joint Civil Judge, J.D. and J.M.F.C., Thane arising out of C.R. No.603 of 2022 dated 2^nd August, 2022, registered with Navghar Police Station, Mira-Bhayander, Vasai-Virar Police Commissionerate, under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code, with consent of Respondent No.2, the informant.

¶14

Learned Advocate for the Respondent No.2 submitted that, Respondent No.2 and Petitioner No.1 have settled their disputes and

¶15

1/2

¶16

ssm 23-wp1828.2024.doc

¶17

differences amicably and Consent Terms have accordingly been filed before the Family Court at Bandra, Mumbai. He submitted that, the Petition for divorce by mutual consent is also filed before the Family Court at Bandra, Mumbai.

¶18

2.1) Learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 27^th June, 2024, duly affirmed before the Assistant Registrar of this Court. In paragraph No.3 thereof, the Respondent No.2 has stated that, she intends to give her consent for quashing of the present crime in view of the amicable settlement between the parties.

¶19

2.2) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 27^th June, 2024 and her ‘no objection’ for quashing of the crime in question.

¶20

In view of the above, Petition is allowed in terms of prayer

¶21

clause (a).

¶22

( DR. NEELA GOKHALE, J.)

¶23

(A.S. GADKARI, J.)

¶24

Digitally signed SANJIV by SANJIVSHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2024.07.24 11:33:51 +0530

¶25

2/2

Amar S/O. Vasant Torka and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Amar S/O. Vasant Torka and Ors. v. the 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

Coram

Case details

All orders in this case

Similar cases

Aaman Amin Shaikh and Anr. vs State of Maharashtra and Anr.

Neelam Nimit Gajjar vs the State of Maharashtra and Ors.

Mukesh Velaram Choudhary and Ors. vs the State of Maharashtra and Anr.

Mr Anurag Ramesh Chaturvedi vs the State of Maharashtra

Mudit Mohan vs Rushali Verma and Anr.

Deepak Gopal Krishna Banga vs State of Maharashtra and Anr.