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Aditi Singh Wife Of Gopal Singh vs The State Of Maharashtra And Anr on 3 July, 2019

906 apl 919, 937.17 with wp 2969.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.937 OF 2017
Aditi Singh …..Applicant
versus
The State of Maharashtra and anr. …..Respondents
with
CRIMINAL APPLICATION NO.919 OF 2017
Jaishri Singh …..Applicant
versus
The State of Maharashtra and anr. …..Respondents
with
WRIT PETITION NO.2969 OF 2019
Ankit Singh …..Petitioner
versus
The State of Maharashtra and anr. …..Respondents

Mr. Sachin H. Deokar, advocate for the applicants and petitioner.
Mr. S. R. Shinde, APP for the State.
Ms. Rouble Sorkkar i/b. Ms. Veena Gowda, advocate for respondent
No.2.

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

DATE : 3rd JULY, 2019.

P. C. :

Learned counsel for the applicants/petitioner seeks leave to

amend the prayer clause of the applications and petition so as to give

particulars of the criminal case. Leave as prayed for, is granted.

Necessary amendment be carried out forthwith.

2. The above applications and petition arose out of registration of

Shubhada S Kadam 1/4

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906 apl 919, 937.17 with wp 2969.19.doc

FIR bearing CR. No.61 of 2017 with Colaba Police Station at the

instance of respondent No.2- Shephali Sinha for the offences punishable

under Sections 498A and 403 read with Section 34 of the Indian Penal

Code, 1860 along with Sections 3 and Section4 of the Dowry Prohibition Act.

This FIR, having been investigated, charge-sheet is filed and numbered

as 303/PW/2018 pending on the file of learned Metropolitan Magistrate,

8th Court, Esplanade, Mumbai.

3. The petitioner in writ petition No. 2969 of 2019 is the husband,

the applicant in criminal application No. 919 of 2017 is the mother-in-law

and the applicant in criminal application No. 937 of 2017 is the sister-in-

law of respondent No.2- Shephali Sinha.

4. Matrimonial dispute between the parties gave rise to filing of

civil and criminal cases and the subject criminal proceeding is one of

them. Pending trial, the parties, however, with the intervention of the

elders in the family and the well-wishers settled their dispute amicably

and have, accordingly decided to get dissolved the marriage between the

petitioner in writ petition No.2969 of 2019 and respondent No.2- Shephali

Sinha. The said petitioner and respondent No.2 have filed Petition No.F-

151 of 2019 under Section 13B of the Hindu Marriage Act, 1955 before

the Family Court at Bandra, a copy of which is annexed at page 22 of the

writ petition No. 2969 of 2019. In the petition filed before the Family

Shubhada S Kadam 2/4

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Court, the parties have agreed to get the subject criminal case quashed

by filing proceedings in High Court. In pursuance of an understanding

arrived at between the parties, they have now approached this Court for

quashing the proceedings of the subject criminal case. Respondent No.2

– Shephali Sinha has accordingly filed 3 separate affidavits dated 2 nd

July, 2019. In paragraph 7 thereof, she has prayed for quashment of the

proceedings of the subject criminal case. Respondent No.2 is personally

present before the Court. On being questioned, she specifically stated

that she has gone through the applications, petition and the affidavit as

well and has fully understood the contents thereof. She has further

confirmed that she has given no objection for quashing the said

proceedings out of her own free will and without there being any pressure

or coercion.

5 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

Shubhada S Kadam 3/4

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of justice, the proceedings of the subject criminal case are required to be

quashed and set-aside. Thus, the criminal case No.303/PW/2018

pending on the file of learned Metropolitan Magistrate, 8th Court at

Esplanade, Mumbai and arising out of FIR bearing CR. No.61 of 2017

registered with Colaba Police Station is quashed and set-aside.

6. The above applications and petition are accordingly

disposed off.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]

Shubhada S Kadam 4/4

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