Ravindra Kakasaheb Waghmare And ORS v. The State Of Maharashtra And ANR

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 150 OF 2018 1.

Ravindra Kakasaheb Waghmare Aged 33 years, Occu. Service 2.

Saroja Kakasaheb Waghmare Aged 53 years, Occu. Housewife Kakasaheb Waghmare Aged 64 years, Occu. Retired Rakesh Kakasaheb Waghmare Aged 28 years, Occu. Service All currently residing at A-204, Shrisharanam CHS, Patalipada, Thane (West).

...Petitioners

Versus

1.

State of Maharashtra through Khadakpada Police Station, Through Public Prosecutor.

2.

Mrs. Jyoti Ravindra Waghmare Aged 28 years, Occu. Housewife, Residing at Mangesh Shrushti CHS, Bwing, Room No.905, Near Vasant Park, Vasant Valley Road, Khadakpada, Kalyan, Thane.

...Respondents

WITH WRIT PETITION NO.2302 OF 2018 Rachana Apraj Suryawanshi 12/A, Sulashi Society, Near Chaitanya Health Club, Rambagh Colony, Anand Nagar, Kothrud, Pune.

...Petitioner

Versus

1.

State of Maharashtra through Khadakpada Police Station, Through Public Prosecutor.

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2.

Mrs. Jyoti Ravindra Waghmare Aged 28 years, Occu. Housewife, Residing at Mangesh Shrushti CHS, Bwing, Room No.905, Near Vasant Park, Vasant Valley Road, Khadakpada, Kalyan, Thane.

...Respondents

Mr. Amar Gharte, i/b Ms. Shruti More, for the Petitioner in both petitions.

Mrs. S. D. Shinde, APP for the State/Respondent. Mr. Rahul P. Raut, for Respondent no.2.

CORAM:

S. S. SHINDE & N. J. JAMADAR, JJ.

DATED:

5th AUGUST, 2021.

JUDGMENT:- PER : N. J. JAMADAR, J.

1.

Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard fnally. 2.

These petitions are fled to quash and set aside the FIR bearing CR No.326 of 2017, registered at Khadakpada Police Station, Kalyan, District Thane for the offences punishable under Sections 498-A, 323, 406, 504 read with 34 of the Indian Penal Code, 1860, ("the Penal Code") lodged by Mrs. Jyoti Waghmare - respondent no.2, and the consequential proceedings.

The marriage of Mr. Ravindra - petitioner no.1 in Writ Petition No. 150 of 2018 and Mrs. Jyoti - respondent no.2, was 2/5

solemnized on 22nd February, 2015. The petitioner nos.2 to 4 in Writ Petition No.150/2018 and the petitioner in Writ Petition No.2302/2018 are the relatives of Mr. Ravindra. The marital life of Mr. Ravindra and Mrs. Jyoti was afficted with discord. Eventually Mrs. Jyoti lodged a report against the petitioners with Khadakpada Police Station leading to registration of CR No.326 of 2017, for the offences punishable under Sections 498-A, 323, 406, 504 read with 34 of the Penal Code.

5.

Mr. Gharte, the learned Counsel for the petitioners and Mr. Raut, the learned Counsel for respondent no.2 - Mrs. Jyoti, in both the petitions, make a joint statement that during the pendency of the petitions, the marital discord has been resolved. Petitioner no.1 Ravindra and respondent no.2 - Mrs. Jyoti have resumed cohabitation. Respondent no.2 has fled an affdavit. 6.

Mr. Ravindra and Mrs. Jyoti appeared before this Court. We have interacted with them. Mrs. Jyoti - the frst informant, respondent no.2 in both the petitions, informed the Court that during the pendency of these petitions, with the intervention of elders and well-wishers, the matrimonial dispute has been amicably resolved. She and Mr. Ravindra have been cohabiting together since one year.

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7.

Respondent no.2 submitted that she has sworn an affdavit on her own volition. Paragraphs 2 to 4 of the affdavit read as under:

"2.

I say that, myself and petitioners have settled the dispute between us amicably and we are staying together from last 1 year. I say that as we are living happily together, I have also withdrawn the Application under Domestic Violence fled by myself against my husband and in-laws. Hereto annexed and marked as Exhibit-A is the copy of order dated 15/02/2020 passed by Ld. Judicial Magistrate First Class, Kalyan.

I say that in these circumstances I have no objection to grant the relief sought by applicants herein in present Criminal Writ Petition. I say that I have no objection to quash and set aside C.R.No.326 of 2017 dated 30/10/2017 registered with Khadakpada Police station.

I say that in view of the above settlement, if in case in future any complaint/dispute arise pertaining to the said F.I.R. No.326 of 2017, I say and submit that I shall fully cooperative with the accused and will gave no-objection to withdraw the same."

8.

In view of the fact that the petitioner no.1 Ravindra and respondent no.2 have resolved the dispute and resumed the cohabitation, no fruitful purpose would be served in continuing the prosecution. As the cohabitation is restored, continuation of the prosecution would be counter productive. In any event, respondent no.2 Mrs. Jyoti would not support the prosecution and, resultantly, the likelihood of the prosecution ending in a conviction is extremely remote. In this backdrop, the continuation of the prosecution would put unnecessary burden on the criminal justice system.

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9.

Since the petitioner no.1 Ravindra and respondent no.2 Jyoti have appeared before the Court together and made a joint statement that they have put an end to marital discord and have been cohabiting since last one year, in our view, it would be expedient to quash the prosecution to secure the ends of justice and prevent the abuse of the process of the Court. Lest, not only the petitioners but respondent no.2 would suffer a grave prejudice.

10.

Hence, the following order:

: ORDER :

(i) The petitions stand allowed.

(ii) FIR No.326 of 2017, registered at Khadakpada Police Station, Kalyan, District Thane, and all consequential proceedings, arising therefrom stand quashed and set aside.

Rule made absolute in aforesaid terms.

[N. J. JAMADAR, J.] [S. S. SHINDE, J.] 5/5