904 apl 513.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 513 OF 2019
Bijayshankar Shivprasad Rajak and ors. …..Applicants
versus
The State of Maharashtra and anr. …..Respondents
Mr. S. S. Karmarkar i/b. Karmarkar and Associates, advocates for the
applicants.
Mr. Deepak Thakare, PP along with Mr. S. R. Shinde, APP for the State.
Ms. Vanashree Bhoir i/b. Ms. Reshma Apte, advocate for the respondent
No.2.
CORAM : RANJIT MORE
SMT. BHARATI H. DANGRE, JJ.
DATE : 19th JUNE, 2019.
P. C. :
1. Heard learned counsel and learned APP appearing for the respective
parties.
2. 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.2467/PW/2014 pending on the file of learned Additional
Metropolitan Magistrate, 66th Court at Andheri, Mumbai. The said case
arises out registration of FIR bearing C.R. No.615 of 2013 with Powai
Police Station at the instance of respondent No.2, for the offences
punishable under Sections 498A and Section406 read with Section 34 of the
Indian Penal Code, 1860.
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3. Applicant No.1 and respondent No.2 are husband and wife. Rest of
the applicants are the parents of the applicant 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 consent terms before this Court in Family Court Appeal No. 21 of
2019. A copy of the said consent terms is annexed at “Exhibit -B”, page
63. In terms of the said consent terms, the parties agreed to dissolve their
marriage by mutual consent and applicant No.1 agreed to pay an amount
of Rs.9,50,000/- (Rupees Nine Lakhs Fifty Thousand Only) to respondent
No.2 towards full and final settlement. The said amount of Rs.9,50,000/-
(Rupees Nine Lakhs Fifty Thousand Only) was agreed to be paid to
respondent No.2 in three instalments. The first and second instalment of
Rs.2,50,000/- and Rs.4,50,000/- respectively, amounting to Rs.7,00,000/-
is already paid to respondent No.2.
4. 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 18 th June, 2019, wherein she has
reiterated whatever that has been stated hereinabove and in paragraph 8,
she has given her no objection for quashing and setting-aside the
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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 proceedings of the subject
criminal case 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
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 as such.
[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]
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