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Gyasi Rajbahadur Singh And Ors vs The State Of Maharashtra And Anr on 28 March, 2019

1/5 909 APL 505-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.505 OF 2016

Gyasi Rajbahadur Singh and ors .. Applicant
Versus
The State of Maharashtra Anr .. Respondents

WITH

WRIT PETITION NO.1185 of 2019

Harinarayan Rajbahadur Singh .. Petitioner
Versus
The State of Maharashtra Anr .. Respondents

Mr. Kartik S. Garg for the applicant/respondent.
Mr.S.R.Shinde, APP for the State.
Mr.V.V.Pethe for respondent no.2.

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

DATED : 28th MARCH 2019

P.C:-

1 Heard learned counsel for the applicant/petitioner,

learned counsel for the respondent no.2 and learned APP

appearing for the State.

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2 The applicant and petitioner in the above

proceedings are accused in FIR bearing C.R.No. I-733 of 2015

registered with Kashimira Police Station, at the instance of

respondent No.2 complainant for the offences punishable

under Sections 498A, 406, 324, 323, 504, 354, 377 r/w Section

34 of the Indian Penal Code, 1860.

3 So far as Criminal Application No.505 of 2016 is

concerned, stay was granted by this Court for filing of charge-

sheet. Such interim protection to the husband in Writ Petition

No.1185 of 2019. Consequently, a charge-sheet was filed

which is numbered as RCC No.1181 of 2016 and pending on

the file of the learned JMFC, 7th Court at Thane.

4 Applicants in Cr.Application No.505/16 are in-laws

of the respondent no.2 and petitioner in WP 11185/19 is the

husband of respondent no.2. Marital dispute between the

parties gave rise to filing of several criminal as well as civil

cases.

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5 With the intervention of elders, 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 in Petition No.A-223/2018 pending on the file of

Family Court at Thane. Copy of the Consent Terms is annexed

at Exhibit-C at page 140 in Criminal Writ Petition No.1185/19.

In pursuance of the understanding arrived at between them,

the parties have approached this Court for quashing the

proceedings of the subject FIR/Criminal Application by consent.

Respondent No.2 has filed separate affidavits in the above

proceedings dated 26th March 2019. In paragraph no.9 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/criminal application may

be quashed and set aside. Respondent no.2 is personally

present before the Court. Petitioner makes a statement that the

consent terms are complied with and this fact is not disputed by

the respondent no.2.

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6 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 and Criminal

Application is 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.

7 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 and Criminal Application 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

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overburdened. In that view of the matter and in the interests of

justice, the subject FIR and Criminal Application are required to

be quashed. Criminal Application and Writ Petition are,

accordingly, made absolute in terms of prayer clause (b) and

are disposed of as such.

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

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