Ashish A. Padvi v. The State Of Maharashtra And ANR

WP3237_15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3237 OF 2015 Ashish A. Padvi ... Petitioner Vs.

State of Maharashtra and another ... Respondents Mr. Ramdas A. Shelke for Petitioner.

Mr. J. P. Yagnik, APP for Respondent No.1-State. Mr. Balwant A. Salunkhe for Respondent No.2.

Coram : RANJIT MORE & R. G. KETKAR, JJ.

Date : 03rd SEPTEMBER, 2015.

PC:

Heard Mr. Shelke, learned Counsel for petitioner, Mr. Yagnik, learned APP for respondent No.1-State and Mr. Salunkhe, learned Counsel for respondent No.2.

2.

This Petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 to quash and set aside F.I.R. bearing C.R.No.171 of 2015 registered with M.H.B. Colony Police Station, Borivali (W) at the instance of respondent No.2 for the offences punishable under Section 354-D of the Indian Penal Code, 1860. 3.

Pending investigation, parties have settled their disputes amicably and have approached this Court for quashing the proceedings of the subject 1/2

WP3237_15.doc criminal case by consent. Respondent No.2 has filed affidavit dated 03.09.2015. In paragraph 6, she has stated that the subject F.I.R. may be quashed by consent. Respondent No.2 is personally present before the Court. On specific query, she states that she has no objection to quash the subject F.I.R.

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. No public law is involved. In these circumstances and especially in view of the law laid down by the Apex Court in the case of Narinder Singh and others vs. State of Punjab and another, 2014 AIR (SCW) 2065, we are of the view that no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. The Petition is, accordingly, made absolute in terms of prayer clause (a) and is disposed of as such. [R. G. KETKAR, J.] [RANJIT MORE, J.] Minal Parab 2/2