Yogesh Surendra Garg And ANR. v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3057 OF 2014 Yogesh Surendra Garg & Anr.

.. Petitioners v/s.

The State of Maharashtra & Ors.

..Respondents Ms. Sneha Singh i/b Chate & Associates for the petitioners Mr. K.V. Saste, APP for the respondent State Mr. Anand Mishra i/b A.M. Sarogi for respondent no.2. CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 3rd MARCH, 2015.

P.C.

1.

This writ petition is filed under Article 226 of the Constitution of India under the provisions of Section 482 of the Cr.P.C. for quashing the proceedings of the FIR bearing No. 385/2013 registered with Goregaon Police Station, Mumbai. The said FIR is registered against the petitioners at the instance of respondent no.2 for the offence punishable under Sections 498A, 406 r/w 34 of the IPC.

2.

The petitioner no.1 and respondent no.2 married on 25.04.2012. The matrimonial disputes between the parties, lead to the respondent no.2 to file the complaint dated 23.10.2013 before respondent no.1, pursuant to which the above referred FIR is registered.

3.

During the investigation, parties have settled their dispute amicably and in pursuance of the understanding filed the present petition for quashing the criminal proceedings, by consent. Respondent no.2 has filed an affidavit dated 03.03.2015. In paragraph 3, she has given no objection for quashing the said FIR. On specific query made by us, she submitted that she has no objection for quashing the FIR and consequential criminal proceedings.

4.

It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of the complaint, it would reveal that the dispute between the parties is purely a

matrimonial dispute. In that view of the matter, we find that in the interest of justice, the criminal proceedings are required to be quashed.

5.

The Apex Court in B. S. Joshi vs. State of Haryana reported [AIR 2003 SC 1386] has held that in the event of settlement of matrimonial dispute, the FIR under Section 498-A can be quashed, even though, the said offence is not compoundable in terms of Section 320 of the Cr.P.C. The relevant observations of the Apex Court are contained in Paras 14 and 15 which are reproduced herein below:- "14. There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry.

The hyper-technical view would be counter productive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penal Code.

15.

In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code."

6.

In view of the above, the Writ Petition is allowed in terms of prayer clauses (a). The criminal proceedings being FIR No.385 of 2013 registered with Goregaon Police Station, Mumbai against the petitioners under Sections 498A, 406 r/w 34 of the IPC are quashed and set aside.

7.

Parties to act on copy of this order, duly authenticated by the Associate of this Court.

(ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.)