Gopalkrishna Shyamsunder Agrawal And ORS v. The State Of Maharashtra And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2601 OF 2017 Gopalkrishna Shyamsunder Agrawal and Ors.
....Petitioners V/s.
The State of Maharashtra & Anr.
....Respondents Mr. Pramod Pandey i/by Mr. Arun Kumar Tripathi, advocates for Petitioners.
Mr. K.V.Saste, Addl. PP for the Respondent-State. Mr. V.S.Sharma,advocate for Respondent No.2.
****** CORAM :- CORAM :- R.M. SAVANT & R.M. SAVANT & SANDEEP K. SHINDE, JJ.
SANDEEP K. SHINDE, JJ.
DATE :- DATE :- 10TH AUGUST, 2017.
10TH AUGUST, 2017.
P.C. :- P.C. :- Rule, with the consent of the learned counsel for the parties, made returnable forthwith and heard. By the above petition, the petitioner seeks quashing of the FIR No.385 of 2016 registered with the Kashimira Police Station against the petitioners for the offences punishable under Sections 498A, 406, 323, 504, 506 and 34 of the IPC. The said case has arisen out of the matrimonial dispute between the parties, i.e., the petitioner no.1 and the respondent no.2 herein. Parties were before
* 2/4 * the Family Court in Petition No.A-1477 of 2016 filed by the respondent no.2 for divorce on the grounds mentioned in the said petition. However, during the pendency of the said petition, 'Consent Terms' were arrived at by which the parties had agreed to seek divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. The said 'Consent Terms' were accordingly signed by the parties before the marriage counsellor in the Family Court and such 'Consent Terms' bears the date 6.6.2017. In view of the settlement arrived at between the parties as evidenced by the 'Consent Terms', the said Marriage Petition was converted into a petition for divorce and a decree by mutual consent came to be passed on 6.6.2017.
It seems that prior thereto parties had also compromised the domestic violence proceedings which were before the 67th Metropolitan Magistrate's Court at Borivali by filing 'Consent Terms' dated 1.6.2017 before the said Court. Respondent no.2, i.e., the first informant is personally present in the Court and the learned counsel appearing for her tendered her affidavit dated 10.8.2017.
* 3/4 * bearing no.1477/2016 which is converted by permission of Hon'ble Family Court into Petition by mutual consent and same is decreed and divorce is granted on 1.7.2017. I have applied for certified copy. 3) I the respondent, hereby on basis of consent term entered, do hereby agree by my free will and consent, that I have no objection and give my consent for quashing of F.I.R. bearing no.I 385/2016 filed in Kashimira Police Station at Mira Road, thane against the Petitioner and others."
Aforesaid facts, therefore, disclose that parties have amicably resolved their disputes. In terms of the law laid down by the Apex Court in the matter of Madan Mohan Abbot v. State of Punjab (2008) 4 SCC 582, no useful purpose would be served in keeping the criminal proceedings pending except to further burden the system which is already burdened. Having regard to the judgment of the Apex Court in Narinder Singh v. State of Punjab (2014) 6 SCC 466, there is no impediment for quashing the FIR. Having regard to the facts and circumstances of the case, the Petition is, accordingly, allowed and is made absolute in terms of prayer clause (b).
* 4/4 * Rule is, accordingly, made absolute.
(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (R.M. SAVANT, J) (R.M. SAVANT, J)