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Adarsh Narendra Kirti And Ors vs The State Of Maharashtra And Ors on 17 July, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.972 OF 2019

Mr. Adarsh Narendra Kirti Ors. .. Petitioners
Vs
The State of Maharashtra Anr. .. Respondents

Mr. Ashok Kumar Yadav for the petitioners.
Mr. K. V. Saste, A.P.P. for the State.
Mr. A.R. Godhia for Respondent No.2.

CORAM: SHRI RANJIT MORE
SMT. BHARATI H.DANGRE, JJ.

DATED : 17th JULY 2019
P.C:-

1. Heard the learned counsel appearing for the petitioners,
learned counsel appearing for the Respondent No.2 and the
learned APP for the State.

2. This petition is filed for quashing and setting aside the
FIR bearing No.113 of 2017 registered at the instance of
Respondent No.2 with Vanrai Police Station, Goregaon,
Mumbai for commission of offences punishable under Sections
498A, 406, 323, 504, 506 read with Section 34 of the IPC.

3. The petitioner No.1 and Respondent No.2 are husband
and wife and the rest of the petitioners are relatives of

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petitioner No.1and in-laws of respondent No.2. Matrimonial
disputes between the parties gave rise to the filing of civil as
well as criminal proceedings by the parties against one another
and the subject petition is one of them.

4. The parties, however, with the intervention of the elders
and well-wishers, have settled the disputes amicably and filed a
consent terms before the Court of Sessions at Dindoshi in
Anticipatory Bail Application No.1223 of 2017, a copy of which
is annexed at Ex-B at page 15 of this petition.

5. In terms of the above understanding mentioned in the
consent terms, petitioners have now approached this Court for
quashing the subject FIR. The Respondent No.2 has also filed
an Affidavit dated 26th June 2019. In para 3 of the said
Affidavit, she has given her consent and requested this Court to
quash the FIR. Respondent No.2 is present in the Court. On
inquiry, she states that she has understood the contents of the
consent terms and she also states that she is not interested in
prosecuting the subject FIR in view of the settlement between
the parties.

6. We have also perused the FIR and found that there are no
specific allegations against the applicant and the allegations are
general in nature. In our opinion, the provisions of Sections
498A, Section406, Section323, Section504, Section506 read with Section 34 of the IPC are

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not attracted.

7. In light of above, we are of the opinion that no fruitful
purpose would be served by continuing criminal proceedings
against the accused.

8. It can, thus be seen that the matter has been amicably
settled between the parties. Perusal of the complaint, makes it
clear that the allegations are totally personal in nature. In
these circumstances and especially in view of the law laid down
by the Apex Court in the case of B.S. Joshi Versus State of
Haryana, AIR 2003 SC 1386, we are of the view that quashing
of the criminal proceedings would be in the interest of
respondent no.2. Besides, no purpose would be served by
keeping the criminal proceedings pending except burdening the
Criminal Courts which are already overburdened. In that view
of the matter and in the interests of justice, the proceedings of
the subject criminal case are required to be quashed and set
aside.

9. Hence, we quash and set aside the FIR bearing No.113 of
2017 registered with Vanrai Police Station, Goregaon, Mumbai.
The petition is, accordingly, made absolute in terms of prayer
clause (A) of the petition.

(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.)

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