Rajresh Ram Khemlani And ANR v. The State Of Maharashtra And ANR

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 832 OF 2018 Rajesh Ram Khemlani and anr.

.. Petitioners Vs.

The State of Maharashtra and anr.

.. Respondents Mr.Mayur V. Faria, for the Petitioners.

Mrs.G.P. Mulekar, APP for State.

Mr.Umesh S.Iyer, for Respondent No.2.

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

AND M.S.KARNIK, J.

22nd FEBRUARY, 2018 ORAL JUDGMENT (PER SMT.

V.K.TAHILRAMANI ACTING C.J.) :

1.

Rule. Rule is made returnable forthwith and the matter is heard finally with consent of the parties. 2.

The petitioners are seeking quashing of C.R.No. 45/2017 of Cuffe Parade Police Station. The said case is under Sections 498A, 323 and 506 read with 34 of IPC. The said case is now pending before learned Metropolitan Magistrate, 8th 1/3

Court, Esplanade, Mumbai. The said case is now numbered as PW/87/2018.

3.

Heard learned Counsel for the petitioners ­ original accused, learned Counsel for respondent No.2 ­ original complainant and learned APP for State.

4.

The complainant is present before the Court. She has stated that FIR was lodged on account of matrimonial dispute between her and the petitioners. She has stated that matter has been amicably settled between the parties and she does not wish to pursue her case against any of the petitioners. She has filed affidavit to the above effect which is annexed at Exhibit 'D' to the Petition. She has also tendered copy of Aadhar card which is taken on record and marked 'X' for identification. 5.

Looking to the fact that that proceedings arose out of matrimonial dispute, we are of the opinion that 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) 2/3

10 SCC 303. Looking to the fact that matter has been amicably settled between the parties and the fact that complainant does not wish to 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, C.R. No.45/2017 of Cuffe Parade Police Station and proceedings relating thereto are quashed.

6.

Rule is made absolute in the above terms.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 3/3