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Vishal Rajendra Chauhan vs Padma Singh Amit Chauhan And Anr on 18 September, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 999 OF 2014

Vishal Rajendra Chauhan. ..Petitioner.
Versus
Padma Singh Amit Chauhan and Another. ..Respondents.

Mr. S. V. Marwadi I/b K. S. Garg for the Petitioner.
Ms. S. D. Shinde, APP for the Respondent-State.
Mr. M. M. Gadkari for Respondent No. 1.

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

Date : September 18, 2018.

P. C. :

1. Heard the learned counsel for the Petitioner, the
learned counsel for Respondent No.1 and learned APP for the
Respondent-State.

2. The petition is filed seeking to quash the FIR bearing CR.
No. 250 of 2013 registered with Vimantal Police Station, Pune City,
Pune. The said FIR is registered at the instance of Respondent No.1
wherein the allegations levelled against the Petitioner are of
commission of the offence punishable under sections 420, 406 and
417 of the Indian Penal Code, 1860.

3. The Petitioner is brother of 1 st respondent’s husband.
The allegations against the Petitioner in the subject FIR is to the effect

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that he made misrepresentation to Respondent No.1 about the
educational qualification and earning capacity of his brother and on
the basis of such misrepresentation, she got married with the brother
of Petitioner. Respondent No.1 had also filed an FIR against her
husband, the Petitioner, and mother of the Petitioner alleging
commission of the offence punishable under section 498A of IPC.

4. The learned counsel for the respective parties submitted
that pending investigation parties have settled their disputes amicably.
In a proceedings between Respondent No.1 and her husband, i.e., the
Petitioner’s brother, the parties have filed consent terms [i.e., the
Petition bearing No. PA-303 of 2017 before the Family Court at Pune].
Under the said consent terms, parties have agreed to take divorce by
mutual consent. The learned counsel for the respective parties
submitted that in terms of the understanding arrived at between the
parties, the Petitioner, his brother (husband of Respondent No. 1) and
the Petitioner’s mother filed a proceeding before the High Court of
Gujarat for quashing the FIR against them registered for the offence
punishable under section 498A of IPC at the instance of Respondent
No.1 and this FIR is quashed upon consent being given by Respondent
No. 1.

5. So far the present FIR is concerned, in terms of the
understanding arrived at between the parties, they have approached
this Court for quashing the same by consent of Respondent No. 1.

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Respondent No.1 has accordingly filed an affidavit in this Court, being
affidavit dated 3rd September 2018. She has also placed on record
copy of the consent terms entered into between the parties. In
paragraph 5 of her affidavit, Respondent No. 1 has given no objection
to quash the subject FIR against the Petitioner.

6. Respondent No.1 is personally present before the Court.
On specific query made by us, she submitted that she has made the
said affidavit on her own free will, without there being any pressure or
undue influence. She has further confirmed that she has no objection
for quashing the subject FIR registered at her instance against the
Petitioner.

7. It can, thus, be seen that the matter has been amicably
settled between the parties. From the perusal of complaint, it
transpires that the allegations are totally personal in nature. There is
no element of public law involved in the crime. The offence alleged
cannot be said to have any impact on the society. In these
circumstances, and especially, in view of the law laid down by the Apex
Court in the case of Madan Mohan Abbot vs. State of Punjab, [(2008) 4
SCC 582], we find that no purpose would be served by keeping the
subject FIR alive except ultimately burdening the Criminal Courts
which are already overburdened.

8. In the light of the principles laid down by the Apex Court

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in the aforesaid decision as well as in the case of Narinder Singh vs.
State of Punjab [2014 AIR SCW 2065] we are of the considered view
that there is no impediment in quashing the subject FIR. Accordingly,
petition is made absolute in terms of prayer clause (b). In the facts
and circumstances of the case it would be appropriate to saddle the
Petitioner with the cost of Rs.5,000/-, which shall be paid to “Tata
Memorial Hospital” an institution that takes care of the advanced
and terminally ill cancer patients. For the quashment to take effect,
the Petitioner shall pay the said cost and produce the receipt thereof
on the file of this Court within the period of four weeks from today.
Failing to pay cost and produce receipt within stipulated time, petition
shall stand dismissed automatically without further reference to the
Court and order quashing the proceedings/FIR shall be treated as
non-est. Registry will then intimate the concerned Police Station that
subject FIR shall not be treated to have been quashed and that police /
Magistrate shall proceed against the Petitioners in accordance with
law.

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

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