Husband and in-laws sought quashing of a criminal case for offences including Section 498A IPC based on amicable settlement with the complainant wife, who consented via affidavit and personal appearance. The High Court allowed both writ petitions and quashed the case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Gitalaxmi 18-wp-862-2024 with wp-865-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 862 OF 2024
Davesh Sahay Srivastava & Ors. …..Petitioners
Vs.
Rushali Verma & Anr. …..Respondents
WITH
CRIMINAL WRIT PETITION NO. 865 OF 2024
Mudit Mohan …..Petitioner
Vs.
Rushali Verma & Anr. …..Respondents
Mr. Sudarshan M. Desai a/w Mr. Ishaan Patkar for the Petitioners. Mr. Rohit Joshi a/w Ms. Mitali Dhoble for the Respondent. Mr. Vinit A. Kulkarni, A.P.P. for the Respondent-State.
CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 3rd JULY 2024
P.C.:-
the Petitioner in Writ Petition No. 865 of 2024 is the husband of Respondent No. 1.
1.1) By the aforenoted Petitions filed under Article 226 of the Constitution of India, the Petitioners have prayed for quashing of R.C.C. No.
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Gitalaxmi 18-wp-862-2024 with wp-865-2024.doc
800 of 2022 pending on the file of learned Judicial Magistrate First Class, Cantonment, Pune, arising out of C.R. No. 55 of 2022 dated 25th February 2022 registered with Mundhwa Police Station, Pune City for the offence punishable under Sections 498(A), 506(2), 323, 352 & 504 read with 34 of the Indian Penal Code, 1860 with the consent of Respondent No. 2, victim.
2.1) Respondent No. 1 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit/s dated 24th June 2024 and her ‘no objection’ for quashing of the crime in question.
(a) of both the Petitions.
(DR. NEELA GOKHALE, J.)
(A. S. GADKARI, J.)
GITALAXMI KRISHNA KOTAWADEKAR
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Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.07.16 10:56:51 +0530
1 issue framed by the court
Should RCC No. 800 of 2022 arising from FIR CR No. 55 of 2022 be quashed given amicable settlement and the victim's consent?
2 provisions across 2 enactments
Davesh Sahay Srivastava & Ors.
Mudit Mohan
Rushali Verma & Anr.
A. S. Gadkari
Dr. Neela Gokhale
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
