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Sanjeev Rajabali Yadav And Ors vs The State Of Maharashtra And Anr on 12 September, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4155 of 2015
Mr. Sanjeev Rajabali Yadav and ors. …..Petitioners
versus
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
No.2.

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

DATE : 12th SEPTEMBER, 2018.

P. C. :

Heard learned counsel and learned APP appearing for the

respective parties.

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.

Shubhada S Kadam 1/3
Digitally
signed by
Shubhada
Shubhada Shankar
Shankar Kadam
Kadam Date:
2018.09.19
16:10:30
+0530
7 wp 4155.15.doc

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

Shubhada S Kadam 2/3
7 wp 4155.15.doc

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.]

Shubhada S Kadam 3/3

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