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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.5029 OF 2017
Rambujh Ramnaresh Tiwari ors .. Petitioners
Versus
The State of Maharashtra .. Respondent
…
Mr.V.Y. Mishra for the petitioners.
Mrs.P.P. Shinde, APP for the State.
Mr.Vinod Chauhan i/b Alok Kumar Srivastava for respondent
no.2.
CORAM: SHRI RANJIT MORE
SMT. BHARATI H.DANGRE, JJ.
DATED : 15th OCTOBER 2018
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 No.245 of 2017 registered
with MHB Police Station, Borivali at the instance of respondent
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No.2, for the offences punishable under Sections 498A, 406, 323,
504 read with Section 34 Indian Penal Code, 1860.
3 The petitioners are in-laws of respondent No.2. 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, 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. Respondent No.2 has
filed an affidavit dated 27th November 2017. In paragraph no.4 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 may be quashed and set aside.
Respondent no.2 is present before the Court.
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
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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 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 petition is, accordingly, made
absolute in terms of prayer clause (a) and is disposed of as such.
(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.)
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