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Sushil Surendrapratap Mishra And … vs The State Of Maharashtra And Anr on 4 October, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.546 OF 2018

Sushil Surendrapratap Mishra ors .. Petitioners
Versus
The State of Maharashtra Anr .. Respondents


Mr. A.J. Dubey i/b Mr.A.K.Dubey I/b Mr.A.K.Dubey for the
applicants.
Mrs.A.S.Pai, APP for the State.
Mr.R.R.Lanjekar for respondent no.2.

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

DATED : 4th OCTOBER, 2018

P.C:-

1 Heard learned counsel for the petitioner, learned
counsel for the respondent no.2 and learned APP appearing for the
State.

2 The present 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 the proceedings of
the criminal case arising out of registration of FIR No.287 OF 2017
registered with Charkop Police Station, Kandivali (West) Mumbai at
the instance of respondent No.2, for the offences punishable under

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Sections 323, 406, 498A, 504, 506 read with Section 34 Indian
Penal Code, 1860.

3 The petitioner no.1 and respondent no.2 are husband
and wife. Rest of the petitioners are the relatives of petition no.1.
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. Respondent No.2 has filed an
affidavit dated 9th August 2018. By the said affidavit, respondent
no.2 has stated that marital dispute is settled amicably and
therefore, she does not wish to prosecute the criminal case.
The parties, especially the respondent no.2 are 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 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.

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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 application 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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