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wp-2363-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2363 OF 2021
Lavesh Amar Wadhwani and Another …Petitioners
vs.
The State of Maharashtra and Another …Respondents
Mr. Mahesh Kukreja, for the Petitioners.
Smt. A.S. Pai, APP for Respondent-State.
Mr. Prasad Kulkarni, for Respondent No. 2.
Ms. Manushree @ Ritu L. Wadhwani, the Respondent No. 2
present through Video Conferencing.
CORAM : S.S. SHINDE
N.J. JAMADAR, JJ.
JUDGMENT RESERVED ON : 3rd JULY, 2021
JUDGMENT PRONOUNCED ON : 8th JULY, 2021
(THROUGH VIDEO CONFERENCING)
—————
JUDGMENT : (Per N.J.Jamadar, J.)
1. Rule. Rule made returnable forthwith and, with the
consent of the counsels for the parties, heard fnally.
2. This petition under Article 226 of the Constitution of
India and section 482 of the Code of Criminal Procedure, 1973
is fled to quash and set aside the Regular Criminal Case No.
858 of 2020 arising out of C.R. No. 689 of 2019 registered at
Sadar Bazar police station, Solapur pending on the fle of the
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learned Chief Judicial Magistrate, Solapur, in view of the
settlement arrived at between the petitioners and respondent
No. 2- the frst informant.
3. The factual backdrop can be stated in brief as under:
a] The marriage of the petitioner No. 1 Lavesh was
solemnized with respondent No. 2 Manushree on 10 th March,
2019. The petitioner No. 2 is the mother of petitioner No. 1.
Soon after marriage, the petitioners allegedly made unlawful
demand of money for purchasing a house at Banglore and to
fnance a business. The marital discord escalated. The
respondent No. 2 was allegedly subjected to cruelty.
Eventually, the respondent No. 2 lodged a report with Sadar
Bazar police station, Solapur against the petitioners and
Amarlal, the deceased father of petitioner No. 1, for the
offences punishable under section 323, 498A, 506 read with
b] An application under section 12 of the Domestic Violence
Act, being PWDVA Application No. 43 of 2020, was also fled
before the Court of Judicial Magistrate, Solapur.
c] The petitioners aver that, during the pendency of the
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aforesaid proceeding, with the intervention of the family
members and well wishers, the petitioners and respondent No.
2 have amicably resolved the dispute. A petition for divorce by
mutual consent under section 13-B of the Hindu Marriage Act
has been fled before the Family Court at Solapur. Hence, this
petition for quashing of the above numbered proceedings.
4. The respondent No. 2 Ms. Manushree has sworn an
affdavit. In the affdavit respondent No. 2 has made, inter alia,
the following averments:
6] I say and submit that pursuant to the
above we have further amicably resolved all the
differences and disputes relating to marriage,
stridhan etc. out of Court and myself as
Respondent No. 2 have no claim against each
other in any manner whatsoever. In view of the
above consent under section 13-B of the Hindu
Marriage Act before the Family Court at Solapur,
Maharashtra in proceedings Family Court
Divorce Proceeding No. 117 of 2020 and have
submitted the above Memorandum of Mutual
Understanding dated 30th August, 2020 and the
same is pending for fnal orders.
7] I say and submit that in the said Divorce
Application I have agreed that I will give no
objection for quashing the above Regualr
Criminal Case No. 858 of 2020 in C.R. No. 689 of
2019 fled by Sadar Bazar Police station, Solapur,
Maharashtra.
8] I say and submit that I do not want to
proceed with the said Regular Criminal Case No.
858 of 2020 in C.R. No. 689 of 2019 fled against
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the Petitioners and that I have no objection if
this Court quashes the said Regular Criminal
Case No. 858 of 2020 in C.R. No. 689 of 2019,
which is pending before the Chief Magistrate’s
Court, Solapur, Maharashtra.
10] I hereby states and submits that I am
fling this affdavit on the assumption that the
Petitioner No. 1 will attend before the Family
Court at Solapur on the next date in Family
Court Divorce Proceeding No. 117 of 2020 and
will given consent for mutual Divorce and it is
agreed between the parties that neither of the
parties will prolong their respective proceedings.
5. A copy of the Memorandum of Understanding dated 30th
August, 2020 is annexed to the affdavit. Clause Nos. 4, 5 and
6 thereof read as under:
4]That, party No. 1 is giving D.D.No.000026 of
HDFC Bank, Branch Maharaj Banda, Gwalior,
MP dated 29/08/2020 of Rs. 5 lakhs to party
No. 2 for one time maintenance and
compensation after receiving the D.D. party No.
2 will not ask for any maintenance and
compensation or any other amount in this
relation in future.
5] That, any gift received by party No. 2 is
with them only beside this any other gift receive
by party No. 1 in return to party No. 2 in front of
witness.
6] That, any litigation create by party No. 2
with police or in the Court against party No. 1
and his family, will be taken back by party No. 2,
if required party No. 2 has to produce mutual
consent for that.
6. The respondent No. 2 appeared before the Court through
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video conferencing. Respondent No. 2 informed the Court that
she has decided to amicably resolve the dispute on her own
volition. There is no coercion or duress. The respondent No. 2
admitted the contents of the affdavit. She submitted that the
matrimonial dispute is resolved in terms of the Memorandum
of Understanding and the assertions in the affdavit.
7. It seems that the prosecution has its genesis in the
marital discord. Eventually, with the intervention of elders and
well wishers, the parties have amicably resolved all the
disputes. They have decided to part ways. It is trite that the
High Court would be justifed in invoking the inherent
jurisdiction under section 482 of the Code where the
continuation of the prosecution would cause grave prejudice to
the parties. The prosecutions arising out of matrimonial
proceeding are one of the classes of cases in which the Court,
taking note of the settlement between the parties, can quash
the prosecution so as to advance the cause of securing ends of
justice, and prevent the abuse of the process of the Court.
8. A proftable reference in this context can be made to the
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judgment of the Supreme Court in the case of Gian Singh vs.
State of Punjab1, wherein a three Judge Bench of the Supreme
Court, considered the relative scope of the provisions
contained in Section 482 and Section 320 of the Code and
exposited the power of the High Court to quash the FIR or
prosecution in exercise of its inherent jurisdiction, as under:
“61. …. …. …… But the criminal cases having
overwhelmingly and predominatingly civil favour stand on a
different footing for the purposes of quashing, particularly
the offences arising from commercial, fnancial, mercantile,
civil, partnership or such like transactions or the offences
arising out of matrimony relating to dowry, etc. or the family
disputes where the wrong is basically private or personal in
nature and the parties have resolved their entire dispute. In
this category of cases, High Court may quash criminal
proceedings if in its view, because of the compromise between
the offender and the victim, the possibility of conviction is
remote and bleak and continuation of criminal case would
put accused to great oppression and prejudice and extreme
injustice would be caused to him by not quashing the
criminal case despite full and complete settlement and
compromise with the victim. In other words, the High Court
must consider whether it would be unfair or contrary to the
interest of justice to continue with the criminal proceeding or
continuation of the criminal proceeding would tantamount to
abuse of process of law despite settlement and compromise
between the victim and wrongdoer and whether to secure the
ends of justice, it is appropriate that criminal case is put to
an end and if the answer to the above question(s) is in the
affrmative, the High Court shall be well within its
jurisdiction to quash the criminal proceeding.”
(emphasis supplied)
9. The aforesaid pronouncement squarely governs the
case at hand. As indicated above, the prosecution had its
1 (2012) 10 Supreme Court Cases 303.
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genesis in the matrimonial dispute. The continuation of the
prosecution, where the parties have settled all the disputes,
would serve no fruitful purpose. The possibility of the
prosecution ending in a conviction is extremely remote and
bleak. On the contrary, the continuation of the prosecution
would cause grave prejudice to the parties. Thus, to secure the
ends of justice and prevent the abuse of the process of the
Court, we are inclined to allow the petition. Hence, the
following order.
ORDER
a] Petition stands allowed in terms of prayer clause (a) and
(b).
b] Regular Criminal Case No. 858 of 2020 arising out of
C.R. No. 689 of 2019 pending on the fle of learned Chief
Judicial Magistrate, Solapur, stands quashed and set aside.
c] Rule made absolute in aforesaid terms.
(N.J. JAMADAR, J.) (S.S. SHINDE, J.)
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