Allowed

Sagar Chandrakant Doiphode and Ors. v. the State of Maharashtra and Ors.

Bombay HC21 Mar 2024WP/932/2024

Case brief

AI extract

What is this about?

This criminal writ petition challenged a criminal complaint under IPC sections 498-A, 406, 504, and 417. The High Court allowed the petition, quashing the complaint, as the wife (Respondent No. 3) filed a notarized affidavit consenting to the quashing and having no objection to the proceedings.

What did the court decide?

Quashing of CC No.1781/PW/2023 pending on the file of the Additional Chief Metropolitan Magistrate.

Sagar Chandrakant Doiphode and Ors. vs the State of… — Matrimonial and Divorce | Bombay HC (2024)

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Osk 14-Wp-932-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 932 OF 2024

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Sagar Chandrakant Doiphode ] 2. Chandrakant Doiphode ] 3. Ujjwala Chandrakant Doiphode ] … Petitioners V/s.

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The State of Maharashtra ] 2. The Senior Inspector of Police ] M.I.D.C. Police Station, Andheri E. ]

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Rupali Sagar Doiphode ] … Respondents

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Ms. Gauri Joglekar a/w. Mr. Praful Patil & Ms. Shama S. i/b. Meraki Legal for Petitioners.

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Mr. Anand S. Shalgaonkar, A.P.P. for Respondent Nos.1 & 2-State. Mr. Vipan B. Kumar for Respondent No.3.

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CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 6^th August 2024.

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P.C. :

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Husband and in-laws of Respondent No.2 have filed present

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Petition under Article 226 of the Constitution of India for quashing of CC No.1781/PW/2023 pending on the file of learned Additional Chief Metropolitan Magistrate, 22^nd Court, Andheri, Mumbai, arising out of CR No. 29 of 2022, dated 15^th January 2022, registered with M.I.D.C. Police Station, Mumbai, under Sections 498-A, 406, 504, 417 read with 34 of the Indian Penal Code, with the consent of Respondent No.3, the informant.

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Osk 14-Wp-932-2024.doc

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Learned Advocate for Respondent No.3 submitted that, the Respondent No.3 has filed consent Affidavit dated 26^th March 2024 duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.3 has admitted the fact of filing of Consent Terms before the learned Additional Chief Metropolitan Magistrate, 22^nd Court, Andheri, Mumbai, in CC No. 56/DV/2022. In para No.9 thereof, she has given her no objection for quashing of the said crime.

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2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of Affidavit dated 26^th March 2024 and her ‘no objection’ for quashing of the said crime in question.

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

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clause (a).

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( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. )

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Digitally signed by OMKAR OMKAR SHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2024.08.13 11:44:51 +0530

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Sagar Chandrakant Doiphode and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sagar Chandrakant Doiphode and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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