5. cri wp 4206-16.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4206 OF 2016
Sagar Nandu Barhe .. Petitioner
Versus
The State of Maharashtra Anr. .. Respondents
……………….
Appearances
Mr. Yogesh Dabke i/by
Ms. Priyanka G. Pargaonkar Advocate for the Petitioner
Mr. Arfan Sait APP for the State
Ms. Priyanka B. Chavan Advocate for Respondent No. 2
……………….
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J.
M.S. KARNIK, J.
DATE : JANUARY 22, 2018.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
1. Rule. Rule is made returnable forthwith and the matter
is heard finally by consent of the parties.
2. The petitioner is seeking quashing of FIR bearing C.R.
No. I-36/2015 registered with Badlapur Police Station (E).
The said case is under Sections 420, 495 and 498A r/w 34 of
IPC. The said case is now pending before the learned JMFC,
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Ulhasnagar.
3. Heard learned counsel for the applicant – original
accused No. 1, learned counsel for respondent No. 2 –
original complainant and learned APP for the State.
4. Respondent No. 2 – complainant is present before the
Court. The complainant has filed an affidavit wherein she
has stated the FIR was lodged on account of
misunderstanding. She further stated that the dispute
between her and the applicant has been amicably settled,
hence, she has stated that the FIR and the proceedings
relating thereto be quashed. The said affidavit is taken on
record and marked “X” for identification. The affidavit filed
by the petitioner is also taken on record and marked “X1” for
identification.
5. Learned counsel for the petitioner submitted that in
view of the fact that the dispute has been amicably settled
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between the parties, the FIR and the proceedings relating
thereto be quashed. Reliance is placed on the decision of
the Supreme Court in the case Gian Singh Vs. State of
Punjab Anr.1 wherein it is observed that where the
dispute pertains to matrimonial matters and there is
settlement between the parties, the proceedings can be
quashed.
6. Looking to the fact that the matter has been amicably
settled between the parties and looking to the fact that
respondent No. 2 – complainant does not wish to pursue the
case, we are of the opinion that no purpose would be
achieved by continuing with the prosecution in the said case.
In this view of the matter, FIR bearing C.R. No. I-36/2015
registered with Badlapur Police Station (E) and the
proceedings relating thereto are quashed.
7. Rule is made absolute in the above terms.
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
1 (2012) 10 SCC 303
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