Somnath Dilip Hanegaonkar v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 498 OF 2015 Somnath Dilip Hanegaonkar .. Applicant v/s.

The State of Maharashtra & Anr.

..Respondents Mr. Subhash Hulyalkar for the applicant Ms. Gudia Gupta for respondent no.2 Mrs. S.V. Sonawane, APP for respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 10th JUNE, 2015.

P.C.

1.

Heard learned Counsel appearing for the respective parties. This application is filed under the provisions of Section 482 of the Cr.P.C. to quash and set aside the FIR No.101/2014 registered with Hinjewadi Police Station, Pune against the applicant at the instance of respondent no.2 for the offence punishable under Sections 324 and 506 of the I.P.C.

2.

The respondent no.2 has stated that incident in question is

occurred on account of misunderstanding and difference of opinion between them. The respondent no.2 has filed an affidavit dated 14th May, 2015. In paragraph 2, she has stated that the dispute between the applicant and herself is settled and now they are residing together and there is no difference of opinion between them. In paragraph 7, she has given no objection for quashing and setting aside the proceedings of the said FIR. Respondent no.2 is personally present in the Court. On specific query made by us, she submitted that he has no objection for quashing the FIR and consequential criminal proceedings.

2.

We are of the view that the dispute is of personal nature and the ratio in the case of Narinder Singh Vs. State of Punjab (2014) AIR SCW 2065 would squarely apply to the facts of the present case and as such there is no impediment in quashing the criminal complaint.

3.

Accordingly, application is allowed in terms of prayer clause (a). There shall be no order as to costs. (ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.)