Gopal v. The State of Maharashtra & Ors.
Case at a glance
- Decided
- 22 Apr 2009
- Bench
- A S OKA
Outcome
Quashed
proceedings stand quashed and set aside in its
Provisions considered
- Indian Penal Code, 1860 ss. 498A, 506
- Hindu Marriage Act, 1955
Key paragraphs
- Para 33. A perusal of the FIR shows that the Matrimonial Dispute between the petitioner and the second respondent led to registration of the FIR. Now, the said dispute has been completely settled. Hence, I pass following order :- (a) Rule is made absolute in terms…
Judgment
first respondent. Learned advocate for the second respondent waives service. Service to other respondents is not necessary. The second respondent lodged FIR alleging commission of offence u/s 498A and 506 of the Indian Penal Code against the petitioner and third to firth respondents. The petitioner is the husband of second respondent. It appears that the petitioner and second respondent have obtained a decree of divorce under section 13B of the ((-2-)) Hindu Marriage Act, 1955. Prayer for quashing the criminal proceedings is made on the basis of the settlement arrived at between the petitioner and second respondent. The second respondent has tendered an affidavit. In the said affidavit, the second respondent has stated that there is a complete settlement between the parties and therefore, she has no objection for quashing the complaint.
Operative part
A perusal of the FIR shows that the Matrimonial Dispute between the petitioner and the second respondent led to registration of the FIR. Now, the said dispute has been completely settled. Hence, I pass following order :- (a) Rule is made absolute in terms of prayer clause (a). It is obvious that the criminal proceedings stand quashed and set aside in its entirety.
(A.S.OKA, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: proceedings stand quashed and set aside in its
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 498A, 506; Hindu Marriage Act, 1955.
Which court decided this case, and when?
Bombay High Court, on 22 Apr 2009. The bench was A S OKA.
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.