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Kirit Dayalal Modi vs The State Of Maharashtra And Anr on 19 June, 2019

906 apl 651.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 651 OF 2019
Mr. Kirit Dayalal Modi ……Petitioner
versus
The State of Maharashtra and anr. …..Respondents

Mr. Sanjay Mishra, advocate for the applicant.
Mr. Deepak Thakare, PP along with Mr. S. R. Shinde, APP for the State.
Mr. Pramod Pandey, advocate for 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 FIR

No.402 of 2018 registered with Santacruz Police Station at the instance

of respondent No.2, for the offences punishable under Sections 498A,

Section323, Section504 and Section506 of the Indian Penal Code, 1860.

3. Applicant No.1 and respondent No.2 are husband and wife.

Matrimonial dispute between the parties gave rise to filing of civil as well

as criminal cases and the subject FIR is one of them. Pending

investigation, the parties settled their dispute amicably with the

Shubhada S Kadam 1/3

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906 apl 651.19.doc

intervention of their elders and well-wishers and have, accordingly, filed

consent terms in the Family Court at Bandra in Petition No.A-2294 of

2018. In terms of the settlement, the parties have agreed to obtained

divorce by mutual consent. The petitioner also agreed to pay to

respondent No.2 an amount of Rs.10,50,000/- towards full and final

settlement. This amount is, however, to be paid after quashing of the

subject FIR as well the proceedings under the SectionDomestic Violence Act,

2005. A statement is made across the Bar that the proceedings of

divorce by mutual consent are pending before the Family Court at

Bandra.

4. In pursuance of an understanding arrived at between the

parties, they have now approached this Court for quashing and setting-

aside the subject FIR by consent. Respondent No.2 has accordingly filed

a separate affidavit dated 17th June, 2019, wherein she has reiterated

whatever that has been stated hereinabove and in paragraph 3, she has

given her no objection for quashing and setting-aside the subject FIR.

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 subject FIR out of her own free will and without there being

any pressure or coercion.

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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 FIR would be in the interest of respondent No.2.

Besides, no purpose would be served by keeping the FIR alive except

burdening the Criminal Courts which are already overburdened. In that

view of the matter and in the interest of justice, the subject FIR is

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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