Sohail Saeed Lone v. The State Of Maharashtra And ANR

Sr.No.903 Apl 607.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SSK CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 607 OF 2015 Mr. Shoail Saeed Lone ....Applicant versus State of Maharashtra and anr.

....Respondents Mr. A. A. Londhe, advocate for the applicant. Mr. K. V. Saste, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 3rd JULY, 2015.

P.C.:

Heard Mr. Londhe, learned counsel for the applicant and Mr. Saste, learned APP for the State.

2.

The criminal application is filed under section 482 of the Code of Criminal Procedure, 1973, for quashing and setting aside the FIR bearing C.R.No.133 of 2015 registered with Byculla Police Station against the applicant, at the instance of respondent No.2, for the offences punishable under sections 498A, 494, 406, 420 and 506 of the Indian Penal Code, 1860.

3.

The applicant and respondent No.2 got married on 12th September, 2014. Difference of opinion between the parties gave rise to marital dispute which resulted in filing of the present C.R.. During the pendency of investigation, the parties settled their dispute amicably and, in pursuance of an understanding arrived at between them, filed the instant application for quashing the proceedings of the said C.R. by consent. Respondent No.2 has filed an affidavit dated 2nd July, 2015. Shubhada S Kadam 1/2

Sr.No.903 Apl 607.15 In paragraph 5, she has stated that she has no objection for quashing the proceedings of the above referred C.R.. Respondent No.2 is personally present before the Court. On being questioned, she specifically stated that she has gone through the affidavit and has fully understood the contents thereof and has no objection, if the proceedings arising out of the said C.R. are quashed and set-aside. She also stated that she is giving no objection for quashing the said proceedings out of free will and without there being any pressure or coercion. 4.

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 case of B.S.Joshi versus State of Haryana AIR 2003 SC 1386, we are of the view that quashing of the criminal proceedings would be in the interest of respondent No.2. Besides, no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. In that view of the matter and in the interests of justice, the criminal proceedings are required to be quashed. The application is, accordingly, made absolute in terms of prayer clause (b) and is disposed of as such.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 2/2