SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Nishith Kiran Sheth And Ors vs Dimple Nishith Sheth @ Dimple … on 20 August, 2019

902 apl 833.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 833 OF 2019
Nishith Kiran Sheth and 3 ors. ….Applicants
versus
Dimple Nishith Sheth @ Dimple Rameshwar Nagi
and anr. …..Respondents

Ms. Jindagi Shah along with Mr. Zubair Jahangir, advocates for the
applicants.
Mr. Adiya Andhorikar i/b. Mr. J. V. Thakker, advocate for respondent
No.1.
Mr. S. R. Shinde, APP for the State.

CORAM : RANJIT MORE
N. J. JAMADAR, JJ.

DATE : 20th AUGUST, 2019.

P. C. :

1. Not on Board. The above application is heard since the

connected matter is on board today.

2. Heard learned counsel and learned APP appearing for the

respective parties.

3. The criminal application is filed under Section 482 of the Code

of Criminal Procedure, 1973, for quashing the proceedings of Sessions

Shubhada S Kadam 1/4

::: Uploaded on – 21/08/2019 22/08/2019 00:12:43 :::
902 apl 833.19.doc

Case No.33 of 2015 pending on the file of learned Additional Sessions

Judge at Thane. The said case arises out FIR bearing M-No.5 of 2014

registered with Vashi Police Station, Navi Mumbai, at the instance of

respondent No.1, for the offences punishable under Sections 498A, Section406,

Section313 and Section377 read with Section 34 of the Indian Penal Code, 1860.

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

Rest of the applicants are the relatives of applicant No.1 and in-laws of

respondent No.1. Matrimonial dispute between the parties gave rise to

filing of several civil as well as criminal proceedings and the subject

criminal case is one of them. The parties, however, with the intervention

of their elders and well-wishers have settled their dispute amicably and,

accordingly, filed consent terms before the learned Civil Judge (S.D.),

Thane in M.P.No.462 of 2013, a copy of which is annexed at page 278 of

the application. Having gone through the consent terms, we find that the

parties have agreed to dissolve their marriage under Section 13-B of the

Hindu Marriage Act,1955. A detailed provision is also made in the

consent terms for maintenance, upbringing and expenses of the child

borne out of the marriage as well as maintenance and alimony of

respondent No.1-wife. In clause (E) of the consent terms, respondent

No.1 has agreed that she will give No Objection for quashing the

proceedings of the subject criminal case by consent. In terms of the

understanding arrived at between the parties, they have now approached

Shubhada S Kadam 2/4

::: Uploaded on – 21/08/2019 22/08/2019 00:12:43 :::
902 apl 833.19.doc

this court for quashing the proceedings of the subject criminal case by

consent. Respondent No.1 has accordingly filed an affidavit dated 12 th

August, 2019. In paragraph 4, she has given her no objection for

quashing the proceedings of the subject criminal case. Respondent No.1

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

further confirmed that she has given no objection for quashing the

proceedings of the subject criminal case on her own free will and without

there being any pressure or coercion.

5. It can, thus, be seen that the matter has been amicably settled

between the parties. From the perusal of complaint, it transpires 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 B.S.Joshi

versus State of Haryana AIR 2003 SC 1386, , we are of the view that

quashing of the criminal proceedings would be in the interest of

respondent No.1. 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 proceedings of the subject criminal case are required to be

quashed and set-aside. Accordingly, the Sessions Case No.33 of 2015

pending on the file of learned Additional Sessions Judge at Thane and

Shubhada S Kadam 3/4

::: Uploaded on – 21/08/2019 22/08/2019 00:12:43 :::
902 apl 833.19.doc

arising out of registration of FIR bearing M-No.5 of 2014 with Vashi

Police Station, Navi Mumbai, is quashed and set-aside.

6. The criminal application stands disposed off.

[N. J. JAMADAR, J.] [RANJIT MORE, J.]

Shubhada S Kadam 4/4

::: Uploaded on – 21/08/2019 22/08/2019 00:12:43 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation