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Behram Minocher Afagh And Anr vs The State Of Maharashtra And Anr on 27 March, 2019

502 apl 1478.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1478 OF 2018
Mr. Behram Minocher Afagh and anr. …..Applicants
versus
The State of Maharashtra and anr. …..Respondents

Ms. Beena Menon, advocate for the applicants.
Ms. Sangeeta D. Shinde, APP for the State.
Mr. Himanshu Choudhary I/b. Naik Naik and Co., advocates for the
respondent No.2.

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

DATE : 27th MARCH, 2019.

P. C. :

1. Learned counsel for the applicants, at the outset, seeks leave

to amend prayer clause (a) of the application, so as to give particulars of

the criminal case. Since the amendment is necessitated by occurrence of

events subsequent to the filing of the application, 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 application is filed under Section 482 of the Code of

Criminal Procedure, 1973, for quashing and setting-aside the proceedings

of criminal case No.798 of 2018 pending on the file of learned

Metropolitan Magistrate, 28th Court at Esplanade, Mumbai. The said case

Shubhada S Kadam 1/3

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502 apl 1478.18.doc

arises out of FIR No.259 of 2018 registered with Lokmanya Tilak Marg

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

punishable under Sections 498A, 406, 323, 504, 506 and 506(2), 377,

and 511 read with Section 34 of the Indian Penal Code, 1860.

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

2017. Applicant No.2 is the mother of applicant No.1. 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 consent terms before the Sessions Court at

Mumbai in Anticipatory Bail Application No.1630 of 2018. A copy of the

said consent terms is annexed at “Exhibit -B”, page 28. In terms of the

said consent terms, the marriage between applicant No.1 and respondent

No.2 is dissolved by this Court by order dated 25 th March, 2019. Learned

counsel for the applicants, having taken instructions from applicant No.1

stated that all terms and conditions of the consent terms are already

complied with. The statement is accepted.

5. In pursuance of the understanding arrived at between the

parties, they have now approached this Court for quashing and setting-

aside the proceedings of the subject criminal case by consent.

Respondent No.2 has also filed an affidavit dated 26th February, 2019,

wherein she has reiterated whatever that has been stated hereinabove

Shubhada S Kadam 2/3

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and in paragraph 2, she has given her no objection for quashing and

setting-aside 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 application 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 free will and without there being any pressure or

coercion.

6. 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. The application is, accordingly, made absolute in

terms of prayer clause (a) and is disposed of as such.

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

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