Petition by husband and in-laws to quash a cruelty case registered on the wife's complaint. The wife filed an affidavit giving no objection following settlement terms in mutual divorce proceedings and reiterated consent in court. The High Court allowed the petition and quashed the FIR and criminal complaint.
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RVC 21 Wp-2864-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2864 OF 2024
… Petitioners
V/s.
Mr. Himanshu Nagarkar for Petitioners. Smt. M.H. Mhatre, A.P.P. for Respondent No.1-State. Mr. Ameya Ranade a/w Mr. Pratik Rajopadhye for Respondent No.2.
CORAM : A. S. GADKARI AND
DR. NEELA GOKHALE, JJ. DATE : 24th July 2024.
P.C. :
Respondent No.2, respectively have filed present Petition, under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C., for quashing of Criminal Complaint No.501 of 2022 dated 10th February 2022, pending on the file of 7th Joint Civil Judge, C.J.S.D. and J.M.F.C., Pune, arising out of C.R. No.832 of 2021 dated 4th November 2024 registered with Hinjewadi
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RVC 21 Wp-2864-2024.doc
Police Station, Pune, under Sections 498-A, 502, 506 read with 34 of the Indian Penal Code, with the consent of Respondent No.2.
2.1) Respondent No.2 is personally present in the Court and through her Advocate, reiterates the contents of her Affidavit dated 3rd July 2024 and her ‘no objection’ for quashing of the crime in question.
clause (a). The said prayer clause reads as under :-
“(a) That Hon’ble Court may be pleased to exercise its power under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure 1973 and may be pleased to quash and set aside C.R. No.832 of 2021 dated 4/11/2021 registered with Hinjewadi Police Station, Pune and Criminal Complaint No.501/2022 dated 10/02/2022 pending before 7th Joint Civil Judge C.J.S.D. and J.MF.C. Pune for the offences punishable under 498A, 502, 506 r/w 34 of the Indian Penal Code.”
( DR. NEELA GOKHALE, J. )
( A.S. GADKARI, J. )
Digitally signed by RAJESH VASANT CHITTEWAN Date: 2024.07.30 17:43:38 +0530
RAJESH VASANT CHITTEWAN
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1 issue framed by the court
Whether C.R. No.832 of 2021 and the ensuing Criminal Complaint No.501 of 2022 under Sections 498-A, 502, 506 r/w 34 IPC could be quashed with the consent of the complainant-wife.
3 provisions across 3 enactments
Amit Sudhir Joshi
Bhagyashree Sudhir Joshi
Anirudhha Sudhir Joshi
Gayatri Aniruddha Joshi
The State of Maharashtra Through Senior Police Inspector Hinjewadi Police Station, Pune
Mrs. Vedshree Amit Joshi
A. S. Gadkari
Dr. Neela Gokhale
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
