Man pays wife Rs 4 lakh, jail term quashed
The entire dispute between the parties is of private nature and does not have any bearing on society at large.
Mumbai: In a move that could set a precedent, the Bombay high court quashed a one-year sentence by a trial court for a man and his family members who were convicted for causing mental agony and harassment to his wife. The decision came in the wake of the court being informed that an amicable settlement was reached with the wife after the sentence was passed, and the couple had mutually agreed for a divorce on payment of a permanent alimony of Rs 4 lakh. The HC said that as the couple has mutually agreed to end the marriage and pay and receive compensation, in the interest of justice, there was no need for the man and his family to serve time in prison.
A division bench of Justice Ranjit More and Justice Prakash Naik was hearing a writ petition filed by Shishir Shirke, his mother, brother and female cousin seeking quashing of a 2015 sentence by the chief judicial magistrate, Thane. Shirke had appealed the conviction in the sessions court at Thane which is pending. According to advocate Ashraf Shaikh, who appeared for Shirke and his family, after the sentencing Shirke and his wife had reached an amicable settlement and hence sought quashing of the sentence as well as the appeal.
In light of the settlement, advocate B.G. Tangsali, who appeared on behalf of the wife, told the court that after filing for divorce in the family court, the couple had reached a settlement wherein Shirke deposited Rs 4 lakh as permanent alimony and hence his client agreed to end the proceedings under Section 498 of Indian Penal Code.
After hearing both sides, the bench observed, “Perusal of the complaint makes it clear that the allegations are totally personal in nature. The entire dispute between the parties is of private nature and does not have any bearing on society at large. The dispute arises out of matrimonial differences.” The bench further said that in that view of the matter and in the interest of justice, the conviction dated September 14, 2015 passed by Chief Judicial Magistrate, Thane was quashed and set aside.