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Ajay Harisishan Chandak And Ors vs The State Of Maharashtra And Anr on 8 July, 2019

4. WP 1756.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1756 OF 2017
Mr. Ajay Harikishan Chandak and ors. ……Petitioners
versus
The State of Maharashtra and ors. …..Respondents

Ms. Dhvani Jain i/b. C. K. Legal, advocate for the petitioners.
Ms. Sangita Shinde, APP for the State.
Mr. Sujay H. Gangal, advocate for respondent No.2.

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

DATE : 8th JULY, 2019.
P. C. :

Learned counsel for the petitioners seeks leave to amend the

prayer clause of the petition to give the details of the criminal case. Leave

as prayed for, is granted. Necessary amendment be carried out forthwith

2. Heard learned counsel and learned APP appearing for the

respective parties.

3. The petition is filed for quashing and setting-aside the

proceedings of criminal case bearing RCC No.2548 of 2014 pending on

the file of learned Chief Judicial Magistrate, Pune. The said case arises

out of FIR bearing CR No. I-186 of 2013 registered with Kothrud Police

Station, Pune, at the instance of respondent No.2, for the offences

punishable under Sections 498A, 323 and 504 read with Section 34 of

the Indian Penal Code, 1860 (for short “the SectionIPC”).

Shubhada S Kadam 1/3

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4. WP 1756.17.doc

4. Petitioner No.1 and respondent No.2 got married in the year

1999. Rest of the petitioners are the relatives of petitioner No.1 and in-

laws of respondent No.2. Matrimonial dispute between the parties gave

rise to filing of civil as well as criminal cases and the subject criminal case

is one of them. Pending trial, the parties settled their dispute amicably

with the intervention of their elders and well-wishers and have,

accordingly, filed compromise pursis in civil writ petition No.4030 of

2014, a copy of which is annexed at page 108 of the petition. In terms of

the understanding arrived at between the parties, they have now

approached this Court for quashing the proceedings of the subject

criminal case by consent. Respondent No.2 has accordingly filed an

affidavit dated 30th April, 2019, In paragraph 5 thereof, she has given

her no objection for quashing and setting-aside the proceedings of the

subject criminal case. Both, petitioner No.1 and respondent No.2 are

personally present before the Court. They make a statement that they will

abide by the terms of the compromise pursis referred above. In addition

to above, respondent No.2 who is personally present before the Court,

stated that she has gone through the petition and affidavit as well and has

fully understood the contents thereof. She has further confirmed that she

has given no objection for quashing the proceedings of the subject

criminal case out of her own free will and without there being any

pressure or coercion. Respondent No.2 also undertakes to withdraw the

Shubhada S Kadam 2/3

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4. WP 1756.17.doc

summary criminal case No.7402 of 2013 filed under Sections 499 and

Section500 of IPC pending before Hon’ble Chief Judicial Magistrate, Pune. The

undertaking is accepted.

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

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

quashed and set-aside. Thus, the proceedings of criminal case bearing

RCC No.2548 of 2014 pending on the file of learned Chief Judicial

Magistrate, Pune and arising out of FIR bearing CR No. I-186 of 2013

registered with Kothrud Police Station, Pune, are quashed and set-aside.

The writ petition is accordingly disposed.

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

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