Allowed¶25

Sachin Dnyneshwar Khillare and Others v. the State of Maharashtra and Another

Bombay HC8 May 2024WP/244/2021

Case brief

AI extract

What is this about?

Consensual quashment of matrimonial-dispute FIR; Crime No. 236 of 2020, Osmanpura Police Station, Aurangabad; S. 498-A, 323, 504, 506 r/w S. 34 IPC; S. 3 and 4 Dowry Prohibition Act; chargesheet; Regular Criminal Case No. 1840 of 2021; jurisdictional Magistrate Aurangabad; wife's affidavit-in-reply consent; spousal settlement; Cr. W.P. 244/2021; Bombay High Court Aurangabad Bench; 2024:BHC-AUG:9911-DB; double-bench quashing order.

What did the court decide?

Quashment and setting aside of Crime No. 236 of 2020 registered with Osmanpura Police Station, Aurangabad, its chargesheet, and the consequent Regular Criminal Case No. 1840 of 2021 pending before the jurisdictional Magistrate at Aurangabad. ¶25

Sachin Dnyneshwar Khillare and Others Vs the State of… — Dowry and Cruelty | Bombay HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Crime No. 236 of 2020 registered with Osmanpura Police Station, Aurangabad, its chargesheet and the consequent Regular Criminal Case No. 1840 of 2021 pending before the jurisdictional Magistrate at Aurangabad should be quashed, in view of the matrimonial settlement between the spouses and the express consent of respondent no. 2.

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Court's answer

Since the genesis for registration of the crime was matrimonial discord and the couple has settled the dispute, inter alia agreeing for quashment of the present crime, this court saw no impediment in conceding to their joint request.

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Ratio / Principle

The court allowed the petition and quashed and set aside Crime No. 236 of 2020 registered with Osmanpura Police Station, Aurangabad, the chargesheet, and the consequent Regular Criminal Case No. 1840 of 2021 pending before the jurisdictional Magistrate at Aurangabad.

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Detailed headnote1 paragraphs

Cr. W.P. No. 244 of 2021 (Bombay High Court, Aurangabad Bench; Mangesh S. Patil & Shailesh P. Brahme, JJ.; decided 08 May 2024): Four petitioners sought quashment of Crime No. 236 of 2020 registered with Osmanpura Police Station, Aurangabad for offences under Ss. 498-A, 323, 504, 506 r/w S. 34 IPC and Ss. 3 and 4 of the Dowry Prohibition Act, together with the chargesheet and consequent Regular Criminal Case No. 1840 of 2021 pending before the jurisdictional Magistrate at Aurangabad. Respondent no. 2 stated in her affidavit-in-reply that the couple had arrived at a settlement and expressly consented to quashment. Finding no impediment since the crime arose out of matrimonial discord now settled, the court granted the joint request: the petition was allowed and the crime, chargesheet and RCC No. 1840 of 2021 were quashed and set aside.

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1 Cr. W.P. 244 / 2021

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2024:BHC-AUG:9911-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO. 244 OF 2021

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1] Sachin Dnyneshwar Khillare

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2] Sanjivani Dnyneshwar Khillare

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3] Dnyneshwar Virappa Khillare

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4] Priyanka Dnyneshwar Khillare

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All R/o Yashoraj Apartment, Tilak Road, Taluka Panvel, District Raigad .. Petitioners

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Versus

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1] The State of Maharashtra

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2] Roshani Sachin Khillare .. Respondents

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Advocate for petitioners : Mr. Joslyn A. Menezes APP for the respondent – State : Mrs. V.N. Patil – Jadhav Advocate for respondent no. 2 : Mr. Y.D. Kale

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CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ. DATE : 08 MAY 2024

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PC :

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Heard both sides.

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Leave granted to amend the prayer clause. Amendment to

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be carried out forthwith.

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The petitioners are seeking quashment of crime no. 236 of 2020 registered with Osmanpura Police Station, Aurangabad for the offences punishable under section 498-A, 323, 504, 506 r/w. Section 34 of the Indian Penal Code and section 3 and 4 of the Dowry Prohibition Act, chargesheet and consequent Regular Criminal Case

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2 Cr. W.P. 244 / 2021

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no. 1840 of 2021 pending before the jurisdictional Magistrate at Auranbabad.

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Respondent no. 2 is the wife of respondent no. 1. As is mentioned in her affidavit in reply, the couple seems to have arrived at some settlement and inter alia she has agreed and giving express consent for quashment of the crime, chargesheet and consequent Regular Criminal Case no. 1840 of 2021 pending before the jurisdictional Magistrate at Aurangabad.

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Since the genesis for registration of the crime is the matrimonial discord and since the couple has settled the dispute inter alia agreeing for quashment of the present crime, we see no impediment in conceding to their joint request.

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6. Petition is allowed.

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Crime no. 236 of 2020 registered with Osmanpura Police Station, Aurangabad for the offences punishable under section 498-A, 323, 504, 506 r/w. section 34 of the Indian Penal Code and section 3 and 4 of the Dowry Prohibition Act, the chargesheet and consequent Regular Criminal Case no. 1840 of 2021 pending before the jurisdictional Magistrate at Auranbabad are quashed and set aside.

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[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE

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arp/

Sachin Dnyneshwar Khillare and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Sachin Dnyneshwar Khillare and Others v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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