Niranjan Chandrashekhar Rode And ANR v. The State Of Maharashtra And ANR

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.02.03 18:36:07 +0530 UDAY SHIVAJI JAGTAP Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 668 OF 2021 XYZ .. Applicants Vs.

The State of Maharashtra & Anr.

.. Respondents .....

Dr. Uday P. Warunjikar for the applicants Mr. Y.M. Nakhwa, APP for the respondent - State Mr. Avinash Avhad for the respondent no.2 .....

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATED : 23rd JANUARY, 2023.

ORDER : - (Prithviraj K. Chavan) 1.

Heard learned Counsel for the parties.

2.

Since the Registry has not placed the papers before us, we have accepted the copies from the parties.

3.

At the outset, learned Counsel for the applicants requests for truncating the names of the applicants and the respondents, in view of their future prospects of marriage. Registry is directed to

truncate the names of all the parties.

4.

Rule. Rule is made returnable forthwith. With the consent of the parties, the application is taken up for final disposal at the stage of admission. Mr. Nakhwa, learned A.P.P waives notice on behalf of the respondent no.1 - State. Mr. Avhad, learned Counsel waives notice on behalf of the respondent no2. 5.

By this application, preferred under Article 226 of the Constitution of India and under section 482 of the Code of Criminal Procedure, the applicants seek quashing and setting aside of the FIR registered vide C.R. No.0003 of 2020 with the Kothrud Police Station, Pune for the offences punishable under Sections 325, 498A, 323, 504, 506, 406 r/w 34 of the Indian Penal Code. Quashing is sought on the premise, that the parties have amicably settled their dispute.

6.

A few facts necessary for disposal of the application are as under :- 7.

Respondent no.2 is the first informant and wife of the applicant no.1. Applicant nos. 2 and 3 are the parents of the

applicant no.1 and applicant no.4 is the daughter of applicant nos. 2 and 3. All the parties are educated and well qualified. 8.

The marriage of the applicant no.1 was solemnized on 13.02.2015 as per rituals of Hindu religion at Siddharth Palace, Pune. In May 2015, respondent no.2 shifted to Navi Mumbai. It is alleged that under the pretext of safety, mother-in-law of the respondent no.2 took all her stridhan comprising 10 to 12 tolas, which was given to the respondent no.2 by her parents. There are allegations of ill- treatment and harassment at the hands of the applicants qua the respondent no.2. On one occasion, the applicant no.1 at the instance of applicant nos.2 and 3, compelled the respondent no.2 to consume I-pills for the purpose of aborting the foetus. It was alleged that the applicant no.1 did not take her to the doctor nor allowed her parents to do so. When the applicant no.

1 got a job at Mphasis, they shifted to Pune and started residing in a joint family. The respondent no.2 was continued to be harassed and subjected to domestic violence and was constrained to work like a maid servant. The respondent no.2 started working with IIFL company. Ultimately, an FIR came to be lodged against the applicants for the alleged offences as above.

9.

On 06.09.2022, the parties expressed their willingness to go for a mediation and, accordingly, this Court appointed Justice (Retd.) Mrs. Shalini Phansalkar Joshi, as a Mediator.

10. Accordingly, the parties appeared before the learned Mediator. The mediation was successful, pursuant to which, the parties have entered into the consent terms. The consent terms, dated 11.01.2023 which are self-explanatory. A scanned copy is extracted below : -

11. The parties have admitted their signatures as well as the names of the respective Counsel over the consent terms. The respondent no.2 is present in person. On being asked, she admits that she has received an amount of maintenance through the demand draft. The learned Counsel for the respondent no.2 has tendered a photocopy of the Aadhar Card of the respondent no.2, duly attested by her. The same is taken on record. Learned A.P.P has verified the original Aadhar Card of the respondent no.2.

12. Having regard to the nature of offence, amicable settlement between the parties, consent terms and the judgments of the Apex Court in the matter of Gian Singh Vs. State of Punjab & Anr. 1 and Narinder Singh & Ors. Vs. State of Punjab & Anr. 2, there is no impediment in allowing the application.

(2012) 10 SCC 303 (2014) 6 SCC 466

13. Accordingly, the application is allowed and C.R. No.0003 of 2020 registered with the Kothrud Police Station, Pune is quashed and set aside.

14. Rule is made absolute in the aforesaid terms. Application is disposed of accordingly.

15. All concerned to act on the authenticated copy of this order. [PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.]