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Rambujh Ramnaresh Tiwari And Ors vs The State Of Maharashtra And Anr on 15 October, 2018

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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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