Bombay High Court
PRATAPSINGH DEVISINGH CHAUHAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The settlement between the parties and the divorce decree do not bar the criminal application, which is therefore allowed.
Summary
The applicants filed a criminal application seeking relief, attaching a decree from the Family Court that granted divorce to respondent No.2 and her husband. The respondent No.2, through counsel, expressed no objection to the application, citing a settlement reached between the parties. The State, represented by an Assistant Public Prosecutor, opposed the application. The Court examined whether the settlement and the divorce decree precluded the criminal application. Finding no legal impediment, the Court held that the settlement justified allowing the application. Consequently, the Court granted the relief sought in prayer clauses C‑1 and C‑2, allowing the application.
Issues considered
- What is the effect of a settlement and a Family Court divorce decree on the pendency of a criminal application arising from the matrimonial dispute?
Subjects
- divorce
- matrimonial dispute
- settlement
- criminal application
- High Court
- Family Court decree
Judgment
2026:BHC-AUG:42043-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 CRIMINAL APPLICATION NO. 3417 OF 2023
PRATAPSINGH DEVISINGH CHAUHAN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. Bharat N. Gadegaonkar, Advocate for Applicants
Ms. P. J. Bharad, APP for the Respondent/State
Mr. R. B. Narwade Patil, Advocate for Respondent No.2.
CORAM : R. M. JOSHI, J.
DATED : 11th SEPTEMBER, 2026
PER COURT :-
1. Learned Advocate for the applicants and the contesting respondent has
placed on record the decree passed by the Family Court granting divorce to
respondent No.2 and her husband. The said copy is taken on record and
marked as ‘X’ for the purpose of identification.
2. Learned Advocate for respondent No.2, on instructions, records no
objection to allowing the present application in view of the settlement arrived
at between the parties.
3. Learned APP opposed the application.
4. The offence in question arises out of a matrimonial dispute. The parties
have settled their dispute. In view of the settlement arrived at between the
parties, this Court finds no impediment in allowing the present application.
Hence, the application is allowed in terms of prayer clauses ‘C-1’ and ‘C-2’.
( R. M. JOSHI, J.)
ssp
924 APPLN 3417.2023.odt 1 of 1
Checking your session…