Amreeta Kaur Angadpreet Singh Chadha v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2356 OF 2019 Amreeta Kaur Angadpreet Singh Chadha ......Petitioner versus State of Maharashtra and ors.

.....Respondents Mr. Vikram Chavan along with Mr. Jatin Sahai and Khalid Kazi i/b. M/s. C. K. Legal, advocates for the petitioners.

Ms. Sangeeta D. Shinde, APP for the State.

Mr. Niranjan S. Mundargi i/b. The Law Point, advocates for respondent No.2.

CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 25th APRIL, 2019.

P. C. :

1.

Heard learned counsel and learned APP appearing for the respective parties.

2.

The petition is filed for quashing the FIR bearing MECR No.2 of 2019 registered with Khar Police Station at the instance of respondent No.2, for the offences punishable under Sections 379, 406, 418, 465 and 467 of the Indian Penal Code, 1860.

3.

The petitioner/accused is the daughter-in-law of respondent No.2/original complainant. Respondent No.3 is the son of respondent No.2 and husband of the petitioner. There was matrimonial dispute between the parties and separate FIR was registered at the instance of Shubhada S Kadam 1/3

the petitioner against respondent Nos.2 and 3 for offences punishable under Section 498A and other provisions of the Indian Penal Code, 1860. By passing separate order today, we have quashed the said FIR by consent of the parties.

4.

So far as the subject FIR is concerned, pending investigation, the parties have approached this Court for quashing the same by consent as the dispute between them is already settled. Respondent No.2 has also filed an affidavit dated 25th April, 2019. In paragraph 6, she has given her consent for quashing the subject FIR. Respondent No.2 is personally present before the Court. On being questioned, she specifically stated that she has gone through the petition and the affidavit as well and has fully understood the contents thereof. She has further confirmed that she has given no objection for quashing the subject FIR on her own free will and without there being any pressure or coercion. 5.

It can, thus, be seen that the matter has been amicably settled between the parties. Perusal of the complaint, makes it clear that the allegations are totally personal in nature. In these circumstances and especially in view of the law laid down by the Apex Court in the cases of B.S.Joshi versus State of Haryana AIR 2003 SC 1386 and Narinder Singh vs. State of Punjab [2014 AIR SCW 2065], we are of the view that quashing of the FIR would be in the interest of both the parties. Besides, no purpose would be served by keeping the FIR pending except burdening Shubhada S Kadam 2/3

the Criminal Courts which are already overburdened. In that view of the matter and in the interests of justice, the FIR bearing MECR No.2 of 2019 registered with Khar Police Station at the instance of respondent No.2 is quashed and set-aside. The writ petition is, accordingly, disposed of. [SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 3/3