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Ganesh Shantaram Yendhe And Ors vs The State Of Maharashtra And Anr on 17 September, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.982 OF 2018

Ganesh Shantaram Yendhe and ors .. Petitioners
Versus
The State of Maharashtra and ors .. Respondents

Ms.Meghna Gwalani i/b Pratibha Borade for the petitioners.
Mr.Tushar V. Dube for respondent no.2.
Mrs.P.P. Shinde, APP for the State.

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

DATED : 17th SEPTEMBER 2018

P.C:-

1 Leave to amend to give particulars of the criminal

case number in the prayer clause. Necessary amendment shall

be carried out forthwith.

2 Heard learned counsel for the petitioners, learned

counsel for the respondent no.2 and learned APP appearing for

the State.

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3 The petition is filed under Article 226 of the

Constitution of India read with Section 482 of the Code of

Criminal Procedure, 1973, for quashing and setting-aside FIR

No 576 of 2018 registered with Vartak Nagar Police Station, at

the instance of respondent No.2, for the offences punishable

under Sections 498A, 406 read with Section 34 Indian Penal

Code, 1860.

4 The petitioner no.1 and respondent no.2 were

husband and wife. Rest of the applicants are the in-laws of the

respondent No.2. Marital dispute between the parties gave

rise to filing of several criminal as well as civil cases. The

subject matter of the present petition is one of them.

5 Pending investigation, the parties, however, have

settled their dispute amicably, and in pursuance of an

understanding arrived at between them, have approached this

Court for quashing and setting aside the subject FIR by consent.

Respondent No.2 has filed consent terms in Marriage Petition

No.F-421 of 2018 before the Family Court at Bandra. In terms

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of the consent terms, marriage between the petitioner no.1 and

respondent no.2 is already dissolved under section 13B of the

Hindu Marriage Act by decree dated 29 th August 2018. The

present petition is also filed in terms of the agreement arrived

at between the parties for quashing the proceedings of the

subject FIR by consent.

6 The respondent no.2 has filed an affidavit dated 17 th

September 2018. In paragraph no.8 of the said affidavit, the

respondent no.2 has made a statement that it would be just,

proper and equitable and in the interest of justice, proceedings

of the subject FIR may be quashed and set aside. The parties,

especially the respondent no.2 are present before the Court. It

shows that the petitioner No.1 and respondent No.2 has taken

Divorce by mutual consent.

7 The respondent no.2 is specifically asked that

whether she has gone through the affidavit and has

understood the contents thereof. She answers in the positive

and states that she has no objection if the subject FIR is

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quashed and set-aside. She has further confirmed that that she

is giving no objection for quashing the said FIR out of free will

and without there being any pressure or coercion.

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 FIR 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 subject FIR is required

to be quashed. The petition is, accordingly, made absolute in

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

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

Digitally signed
by Manali
Manali Prasanna Tilak
Prasanna Date:
2018.09.18
Tilak 13:08:16
+0530

Tilak

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