Mr.Naveen Chomal & Ors. v. State of Haryana and another & Ors.
Case at a glance
- Decided
- 18 Jun 2010
- Bench
- V M KANADE
Provisions considered
Key paragraphs
- Para 44. The Apex Court in the case of B.S.Joshi and others vs. State of Haryana and another, reported in AIR 2003, Supreme Court 1386 has exercised that this Court has inherent power under section 482 of Cr.P.C. of quashing a complaint filed by the wife…
- Para 55. I have personally interviewed the Applicant No.1. She has stated that she has no objection if the complaint is quashed and she has already received her gift/dahej at the time of her marriage including jewellery, cloths and other household articles. 3
Judgment
----- Mr.Naveen Chomal for Applicants Mrs. P.P. Bhosale -APP for State ----- CORAM: V.M. KANADE J. DATED: 18TH JUNE, 2010 P.C.
Heard the learned Counsel appearing on behalf of the Applicants and learned APP for the State.
This is a joint application filed by the Complainant and by the accused for quashing the criminal complaint which is registered with the Nagpada Police Station vide I.C.R. No. 125 of 2010 for the offence punishable under sections 498-A, 406 r/w. 34 of the Indian Penal Code.
The learned Counsel appearing on behalf of the Applicants submits that the parties have amicably resolved the dispute and Applicant No.1- wife does 2 not wish to proceed against the Applicant Nos.2 to 4 in view of the settlement arrived between the parties. It is submitted by the learned Counsel for the Applicants that the Applicant Nos.1 and 2 have decided to end their relationship by obtaining decree of divorce as per the Islamic Law and would also like to resolve and withdraw all the pending cases and all the complaints which were filed by them.
The Apex Court in the case of B.S.Joshi and others vs. State of Haryana and another, reported in AIR 2003, Supreme Court 1386 has exercised that this Court has inherent power under section 482 of Cr.P.C. of quashing a complaint filed by the wife under section 498A if the parties have decided to resolve the dispute. The Apex Court has further held that there is no impediment for quashing such a complaint and restriction imposed by section 320 of the Cr.P.C. does not curtailed the power of the High Court to quash a complaint under section 482 of the Cr.P.C.
I have personally interviewed the Applicant No.1. She has stated that she has no objection if the complaint is quashed and she has already received her gift/dahej at the time of her marriage including jewellery, cloths and other household articles. 3
This being the position and since the complainant does not want to proceed the complaint against the Applicant Nos.2 to 6, in my view, this is a fit case for quashing the complaint filed by the Complainant for the offence punishable under sections 498-A, 406 r/w. 34 of the Indian Penal Code.
Application is, accordingly, allowed in terms of prayer clause (b). Rule is made absolute.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860; Code of Criminal Procedure, 1973 — ss. 320, 482.
Which court decided this case, and when?
Bombay High Court, on 18 Jun 2010. The bench was V M KANADE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.