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Meera Bishnu [email protected] Varun … vs The State Of Maharashtra And Anr on 28 March, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1616 of 2019

Meera Bishnu Varun @ M.B. Varun
@ Varun Bishnunandan Gupta ors .. Petitioners
Versus
The State of Maharashtra Anr .. Respondents

Mr. Shardul singh i/b Sushma Singh for the petitioners.
Mr. S.R.Shinde, APP for the State.
Mr.Roshan S. Tanna 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 petitioners, learned

counsel for the respondent no.2 and learned APP appearing for

the State.

2 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

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No.182 of 2018 registered with Meghwadi – Jogeshwari Police

Station, at the instance of respondent No.2, for the offences

punishable under Sections 406, 498A, 377 read with Section 34

Indian Penal Code, 1860.

3 The petitioner no.1 and respondent No.2 are

husband and wife. Rest of the petitioners are relatives of

petitioner no.1. 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.

4 Pending investigation, the parties, however, with

intervention of the elders, have settled their dispute amicably,

and in pursuance of an understanding arrived at between them,

have filed consent terms before the Family Court at Bandra,

Mumbai. Copy of the Consent Terms is annexed at Exhibit-B

page 15. Pursuant to the understanding arrived between the

parties, they have approached this Court for quashing the

subject FIR. We have perused the consent terms and clause (1)

of the Consent Terms states that parties are ready to take

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Divorce by Mutual consent under Section 28 of the Special

Marriage Act. Respondent No.2 has also agreed for quashing of

the subject FIR. Respondent no.2 has also filed separate

affidavit dated 26th March 2019. In paragraph no.9 she has

given no objection.

5 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

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.

6 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

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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 application is, accordingly, made absolute

in terms of prayer clause (b) and is disposed of as such.

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

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