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Sandeep Rajkumar Chamadia And Ors vs The State Of Maharashtra And Ors on 3 July, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 5431 OF 2018
Mr.Sandeep Rajkumar Chamadia and ors. ……Petitioners
versus
The State of Maharashtra and ors. ……Respondents

Ms. Pooja Joshi i/b. Mr. A. M. Saraogi, advocate for the petitioners.
Mr. Deepak Thakare, PP along with Ms. Sangita Shinde, APP for the
State.
Mr. Milan Desai, advocate for respondent Nos.2 and 3.

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

DATE : 3rd JULY, 2019.

P. C. :

Learned counsel for the petitioners, at the outset, stated that

the petitioner No.2 has expired and therefore, she seeks permission to

delete the name of petitioner No.2. Leave as prayed for, is granted.

Necessary amendment be carried out forthwith.

2. The petition is filed for quashing and setting-aside criminal

case bearing 2400081/PW/2013 pending on the file of Additional Chief

Metropolitan Magistrate, 24th Court at Borivali, Mumbai. The said case

arises out of registration of FIR No.24 of 2012 with Charkop Police

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

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under Sections 498A, Section406, Section377 and Section34 of the Indian Penal Code, 1860

and Section 4 of Dowry Act.

3. Petitioner No.1 and respondent No.2 got married on

16th February, 2010. Petitioner No.3 is the mother of petitioner No.1 and

respondent No.3 is brother of petitioner No.1. Matrimonial dispute

between the parties gave rise to filing of several criminal and civil case

and the subject matter of the present petition is one of them. The parties,

however, with the intervention of elders and well-wishers, arrived at

settlement and accordingly, entered into Memorandum of

Undertaking/Settlement dated 18th August, 2018, a copy of which is

annexed at Exhibit B, page 29. The MOU/Settlement Terms are signed by

petitioner No.1 and respondent No.2. Under the said MOU/Settlement

Terms, the petitioner No.1 and respondent No.2 have agreed to obtain

divorce by mutual consent. Accordingly, their marriage is dissolved by

judgment and decree dated 29th September, 2018 passed by the Principal

Judge, Family Court, CCC, Hyderabad.

4. Under the MOU/Settlement Terms the parties have also

agreed for quashment of the subject criminal case and, therefore, they

have approached for quashing by invoking jurisdiction under Section 482

of the Code of Criminal Procedure, 1973. Respondent No.2 has filed an

affidavit dated 3rd July, 2019. In paragraph 19, she has given her no

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objection to quash the proceedings of the subject criminal case. Petitioner

Nos.1 and 3 and respondent No.2 are present before the Court. They

make a statement that they will abide bythe terms and conditions of the

MOU/Settlement referred above. The statement is accepted as

undertaking to this Court. In addition to this, respondent No.2 also stated

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. At this stage, learned counsel for respondent No.2, pointed out

clause 4(e) of the MOU/Settlement terms dated 18 th August, 2018 which

reads thus :

“4. …….

e. The total amount of Rs.39.50 lakhs (Rupees
Thirty Nine Lakhs Fifty Thousand Only) as one time
settlement is arrived at as under:
I. Demand Draft of Rs.13.50 Lakhs.
ii. Fixed Deposit of Rs.16.70 Lakhs.
Iii. Ornaments/Jewellery of Rs.9.30 Lakhs.”

Thus, in terms of the above clause, respondent No.2 is entitled

to receive from petitioner No.1, an amount of Rs.39,50,000/- by way of

Demand Draft/Fixed Deposit/Ornaments etc. The demand draft for the

amount of Rs.39,50,000/- is deposited in the Court of Principal Judge,

Family Court, CCC, Hyderabad in O.P. No.1502 of 2012. The learned

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counsel for the petitioner submits that the petitioners have no objection if

the same is refunded along with interest accrued thereon to respondent

No.2. It is also submitted that pursuant to the order dated

24th February, 2012 passed by learned Single Judge in Criminal

Anticipatory Bail Application No.174 of 2012, petitioner No.3 deposited

an amount of Rs.10,70,000/-in Fixed Deposit in the year 2012 in State

Bank of India, Malad Branch . The parties make a statement that the

maturity proceeds of the said deposit along with interest as on 31 st March,

2018 was Rs.16,70,000/-. Petitioner Nos.1 and 3 have no objection if the

said amount of Rs.16,70,000/- is withdrawn by Respondent No.2. So far

as ornaments/jewellery of Rs.9.30 lakhs is concerned, the same is kept in

safe custody of respondent No2 in the locker of State Bank of India,

Malad Branch in pursuance of the order dated 24th February, 2012 and 5th

March, 2012 passed in Criminal Anticipatory Bail Application No.174 of

2012. The petitioners have no objection if the said ornaments are

retained by respondent No.2. In that view of the matter, we issue

following directions :

1. Respondent No.2 is permitted to withdraw the amount of

Rs.39,50,000/- which is deposited in the Court of

Principal Judge, Family Court, CCC, Hyderabad in O.P.

No.1502 of 2012.

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2. Respondent No.2 is also permitted to withdraw the

liquidated Fixed Deposit amount mentioned in clause

4(e) of MOU/Settlement Terms.

3. Respondent No.2 is allowed to retain the ornaments

mentioned above.

We modify the orders dated 24 th February, 2012 and

5th March, 2012 passed by learned Single Judge of this Court in Criminal

Anticipatory Bail Application No.174 of 2012 to that extent.

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 criminal proceedings 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 proceedings of the subject criminal case are required to be

quashed and set-aside. Thus, criminal case bearing 2400081/PW/2013

pending on the file of Additional Chief Metropolitan Magistrate, 24 th Court

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at Borivali, Mumbai and arising out of registration of FIR No.24 of 2012

with Charkop Police Station filed at the instance of respondent No.2

against the petitioners and respondent No.3 is quashed and set-aside.

7. The writ petition is accordingly disposed off.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]

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