7 wp 4155.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4155 of 2015
Mr. Sanjeev Rajabali Yadav and ors. …..Petitioners
The State of Maharashtra and anr. ……Respondents
Mr. Parag P. Pokale, advocate for the petitioners.
Mr. F. R. Shaikh, APP for the State.
Mr. B. G. Tangsali I/b. Mr. Sujeet Salkar, advocate for the respondent
CORAM : RANJIT MORE
SMT.BHARATI H. DANGRE, JJ.
DATE : 12th SEPTEMBER, 2018.
P. C. :
Heard learned counsel and learned APP appearing for the
2. The petition is filed under Article 226 and 227 of the
Constitution of India read with the provisions of Section 482 of the Code
of the Criminal Procedure, 1973 for quashing the proceedings of the
criminal case bearing RCC No.71 of 2016 pending on the file of learned
3rd Jt. C.J.J.D and J.M.F.C., Thane. The said case arises out of registration
of FIR bearing CR No.I-192/2014 with Kapurbawdi Police Station, Thane,
at the instance of the respondent No.2 for the offences punishable under
sections 498A, 420, 406, 504 and 34 of the Indian Penal Code, 1860.
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3. The petitioner No.1 and respondent No.2 got married on
21st November, 2011. Rest of the petitioner are the relatives of the
petitioner No.1. Matrimonial dispute between the parties gave rise to
filing of criminal as well as civil proceedings and the subject matter of the
present petition is one of them.
4. Pending trial of the subject criminal proceedings, the parties,
with the intervention of the elders and well-wishers have settled their
dispute amicably and decided to dissolve their marriage. The parties,
accordingly, filed Marriage Petition No.171 of 2015 before the Family
Court at Thane under Section 13B of the Hindu Marriage Act, 1955 and,
by judgment and decree dated 12 th October, 2015, the Family Court at
Thane, dissolved the marriage between the petitioner No.1 and
respondent No.2 by mutual consent. In terms of the agreement arrived
at between the parties, they have now approached this Court for
quashing the proceedings of the subject criminal case by consent. The
respondent No.2 has filed an affidavit dated 27th August, 2018. In
paragraph 10, she has given her no objection for quashing and setting-
aside the proceedings of the subject criminal case. The respondent No.2
is personally present before the Court. On being questioned, she
specifically stated that she has gone through the petition and affidavit as
well and has fully understood the contents thereof. She has further
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confirmed that that she has given no objection for quashing the
proceedings of the subject criminal out of her own free will and without
there being any pressure or coercion.
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 proceedings of the criminal case 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. The petition is, accordingly, made absolute in
terms of prayer clauses (a), (aa) and (b) and is disposed of as such.
[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]
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