Nikhil Dattatray Gavali v. The State Of Maharashtra And ANR

jdk 1 9.CRWP.674.18.J.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 674 OF 2018 Nikhil Dattatray Gavali .. Petitioner Vs.

The State of Maharashtra & Ors.

.. Respondents ....

Mr. R.D. Suryawanshi Advocate for Petitioner Mrs. G.P. Mulekar APP for the State Mr. Suraj N. Naik Adv. for respondent no.2 ....

CORAM :

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

AND M.S.KARNIK, J.

DATED : FEBRUARY 23, 2018 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, ACJ.].: Rule. By consent, Rule is made returnable forthwith and the matter is heard finally.

The petitioner is seeking quashing of FIR No. I-13 of 2018 of Badlapur (E) Police Station, Dist. Thane and the proceedings relating thereto. The said case is under Section 376(B) of IPC. The said FIR was lodged against the petitioner by respondent no.2 who is the wife of the petitioner.

jdk 2 9.CRWP.674.18.J.doc Heard the learned counsel for the petitioner - accused, the learned counsel for respondent no.2 - complainant and the learned A.P.P. for the State. The petitioner and respondent no.2 - complainant are present before the Court. The respondent no.2 who is the complainant has stated that the said FIR was lodged on account of matrimonial dispute with the petitioner who is her husband and now they are residing happily together. She has prayed that in view of the fact that she is happily residing with the petitioner, the said FIR and proceedings relating thereto be quashed. She has also filed affidavit to the above effect. The said affidavit along with xerox copy of Aadhar Card are taken on record and marked "X-Colly." for identification. The learned counsel for the petitioner has submitted that in view of the settlement between the parties, the case ought to be quashed. Reliance is placed on the decision of the Supreme Court in the case of Gian Singh Vs. State of Punjab and another, reported in (2012) 10 S.C.C. 303. Learned

jdk 3 9.CRWP.674.18.J.doc counsel for the petitioner pointed out that in the said case it is observed that if there is a criminal proceeding arising out of a matrimonial dispute and there is settlement between the parties, the said case can be quashed.

Looking to the fact that the matter has been amicably settled between the parties and looking to the fact that complainant is happily residing with the petitioner and she does not wish to pursue the case against her husband, 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-13 of 2018 of Badlapur (E) Police Station, Dist. Thane and the proceedings relating thereto, are quashed. Rule is made absolute in above terms. Petition is allowed and is disposed of accordingly.

M.S.KARNIK, J.

ACTING CHIEF JUSTICE kandarkar