Vineet Choudhary And ORS v. The Sr Police Inspector And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.692 OF 2023 Vineet Choudhary and Ors.

...Applicants

Versus

The Sr. Police Inspector and Ors.

...Respondents

....

Mr. Mateen Shaikh for the Applicants.

Mr. Ajay Patil, APP for Respondent-State.

CORAM: SMT. ANUJA PRABHUDESSAI & N.R. BORKAR, JJ.

DATED: 27th SEPTEMBER, 2023.

P.C.:- 1.

This is an application under Section 482 of the Cr.P.C. to quash FIR No. 130 of 2023 registered with Vimantal Police Station, Pune (city) for the offences punishable under Sections 323, 498-A, 504 r/w 34 of the IPC.

2.

Marriage of Respondent No.3 and Applicant No.1 was solmnised on 21/11/2021. The matrimonial dispute between Applicant No.1 and Respondent No.3 led to lodging of the FIR, pursuant to which the aforesaid crime came to be registered. Considering that the offence relates to matrimonial dispute, this 1/3

Court by order dated 11/09/2023 had requested Mr. Ajay Patil, learned APP to assist the parties in arriving at an amicable settlement.

3.

Learned counsel for the Petitioners and Respondent No.3 state that matter has been amicably settled with the intervention of Mr. Ajay Patil, learned APP. They have placed on record the consent terms signed by Applicant No.1 as well as by Respondent No.3. Both parties have agreed to quash the civil as well as criminal proceedings filed against each other. Applicant No.1 has further agreed to pay lumpsum amount of Rs.13,00,000/- to Respondent No.3. Out of which Rs.6,50,000/- has been paid to Respondent No.3 by Demand Draft and balance amount of Rs.6,50,000/- is agreed to be paid on the date of signing mutual divorce petition.

4.

Respondent No.3 and Applicant No.1, who are present before the Court, confirm the contents of the consent terms. Respondent No.3 has also accorded her no objection to quash the FIR and the consequent criminal proceedings.

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5.

The Applicant No.1 and Respondent No.3 have settled the dispute amicably. The settlement between the parties is genuine. Considering this aspect and the dictum of the Apex Court in Jitendra Raghuvanshi and Ors. vs. Babita Raghuvanshi and Anr. (2013) 4 SCC 58 and Rangappa Javoor vs. State of Karnataka, AIRONLINE 2023 SC 506, in our considered view, this is a fit case to exercise discretion under Section 482 of Cr.P.C. Hence, the Application is allowed in terms of prayer clause (a). Consequently, FIR No. 130 of 2023 registered with Vimantal Police Station, Pune (city) for the offences punishable under Sections 323, 498-A, 504 r/w 34 of the IPC is hereby quashed.

6.

The application stands disposed of.

7.

This Court acknowledges and appreciates the efforts taken by Mr. Ajay Patil, learned APP in assisting the parties in arriving at an amicable settlement.

(N.R. BORKAR, J.) (SMT. ANUJA PRABHUDESSAI, J.) 3/3