Rakesh Deepak Chavan And ORS v. The State Of Maharashtra And ANR

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 77 OF 2018 Rakesh Deepak Chavan and ors.

.. Applicants Vs.

State of Maharashtra and anr.

.. Respondents Mr. S.S.Redekar, for the Applicants.

Mr.Sandeep Dhanger, for Respondent No.2.

Mr.S.R.Shinde, APP for State.

CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

25th JANUARY, 2018 P.C. :

1.

The applicants are seeking quashing of FIR No. I - 116 of 2016 registered with Vasai Police Station, District - Palghar. The said case is under sections 498A and 406 read with 34 of IPC. The said case is now pending before J.M.F.C., Vasai and is numbered as R.C.C. No. 31 of 2018.

2.

Heard learned Counsel for the applicants - original accused No. 1 to 5, learned Counsel for respondent No.2 - 1/3

original complainant and learned APP for State. 3.

The complainant is present before the Court. The complainant states that the said case arose out of matrimonial dispute and the case has been amicably settled between the parties, hence, she does not wish to proceed with her case and it may be quashed. She has tendered affidavit which is taken on record and marked 'X' for identification. In the affidavit, she has stated that dispute has been amicably settled and she has received amount of Rs.10 lakhs from respondent No.1 as one time settlement amount. She now has no grievance against the applicants, hence, she has no objection for quashing FIR of the case and the proceedings relating thereto.

4.

The present case would clearly be covered by the decision of the Supreme Court in the case of Gian Singh Vs. State of Punjab and anr. (2012) 10 SCC 303. Looking to the fact that matter has been amicably settled between the parties and looking to the fact that the complainant does not wish to 2/3

proceed with her case, we are of the opinion that no purpose would be achieved by continuing with the prosecution in the said case. In this view of the matter, FIR No. I - 116 of 2016 of Vasai Police Station and proceedings relating thereto are quashed. Application is allowed in the above terms. (M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 3/3