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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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