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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
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+0530
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