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Sagar Nandu Barhe vs The State Of Maharashtra And Anr on 22 January, 2018

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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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