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Sachin Jadhav S/O Appasaheb … vs The State Of Maharashtra And Anr on 9 October, 2018

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SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 2903 OF 2018

Sachin Appasaheb Jadhav ors. … Petitioners
Versus
The State of Maharashtra anr. … Respondents

Mr. A. R. Kondai, i/b V. V. Ugle, for the Petitioners.
Mrs. Sangita Shinde, APP for the State.

Mr. B. S. Shinde, for Respondent no.2.

CORAM : RANJIT MORE
SMT. BHARATI H. DANGRE, J J.

DATE : 9th OCTOBER, 2018.

P.C.:-

1. Heard Mr. Kondai, the learned Counsel for the

Petitioners, Mrs. Shinde, the learned APP and Mr. B. S.

Shinde, the learned Counsel for Respondent no.2.

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

bearing CR No.231 of 2017 registered with Vita Police

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

punishable under Sections 323, 498A, 504, and 506 r/w

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Section 34 of the Indian Penal Code, 1860.

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

and wife. Rest of the petitioners are the family members of

petitioner No.1. Marital dispute between the parties gave rise

to filing of several criminal as well as civil matter. The subject

matter of the present petition is one of them. Pending

investigation, the parties 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 Memo of Understanding

dated 27th March, 2018. In terms of this Memo Of

Understanding parties have agreed to dissolve their marriage

as the divorce by mutual consent granted by order dated 1 st

October, 2018 in HMP No.43 of 2018, by the Civil Judge,

Senior Division, Malshiras. In terms of Memo of

Understanding, they have approached this Court for

quashing the subject crime by consent.

The Respondent no.2, accordingly, has filed Affidavit on

9th October, 2018. She has given her no objection for

quashing and setting-aside the subject FIR. Respondent No.2

is personally present before the Court. On being questioned,

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she has specifically stated that she has gone through the

Affidavit and has understood the contents thereof and she

has no objection if the subject FIR is quashed and set-aside.

4. 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.]

Digitally signed
by Santosh
Santosh Subhash
Kulkarni
Subhash Date:
Kulkarni 2018.10.12
00:41:13
+0530

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