Dr. Asif Pyarali Bhojani v. The State Of Maharashtra And ORS

* 1/5 *

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3353 OF 2015 Dr. Asif Pyarali Bhojani ....Petitioner V/s.

The State of Maharashtra and Ors.

....Respondents * * * * * Mr. Manish D. Alwe a/w. Ms. Bhavana Y. Tandel, Advocate for the Petitioner.

Mrs. A.S. Pai, Additional Public Prosecutor for the respondent, State.

Mr. Bharat Vaishnawa a/w. Mr. Brijesh Shukla i/by. M/s. Bharat Vaishnawa and Associates, Advocate for respondent no.3.

CORAM :- CORAM :- R.M. SAVANT & R.M. SAVANT & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 29TH AUGUST, 2017.

29TH AUGUST, 2017.

P.C. :- P.C. :- 1.

The above Writ Petition has been filed for

* 2/5 * quashing and setting aside the FIR being C.R. No. 604/2014 registered with Goregaon Police Station for the offences punishable under Sections 420, 498A, 506, 504, 320, 323 read with Section 34 of the Indian Penal Code. The said FIR came to be registered on account of the matrimonial dispute between the Petitioner and respondent no.3. The petitioner is a Doctor by profession and the respondent no.3 is a Lawyer. The parties were also before the Family Court by way of Marriage Petition No.A-2015/2012 and Petition No.B/79 of 2012. In the said proceedings, the parties have filed the consent terms dated 5th July, 2017 as modified on 31st July, 2017. In the context of the relief sought in the present Petition, Clause-5(d)(iv) of the consent terms is material and is reproduced hereinabove.

"5(d)(iv). The Petitioner has filed proceedings under Section 482 of the Criminal Procedure Code for the quashing of the criminal proceedings viz. FIR No. 604 of 2014 in Writ Petition No. 3353 of 2015; before the Hon'ble Bombay High Court. The Respondent agrees,

* 3/5 * declares and undertakes to give consent to quash the said criminal proceedings viz. FIR No. 604 of 2014 in Writ Petition No. 3353 of 2015, filed by the Petitioner."

2.

By Clause-(4) of the consent terms, it is agreed that the Petitioner i.e. the husband would pay the respondent a sum of Rs.50,00,000/- as one-time lumpsum settlement towards all the claims of respondent no.3 towards maintenance, alimony and residence. An Affidavit has been filed by the Petitioner in which Affidavit, the factum of the consent terms being entered into between the parties has been referred to. The respondent no.3 is personally present. She is identified by Mr. Vaishnav, the Learned Counsel appearing for her. She is also identified by her Identity Card issued by the Bar Council of Maharashtra and Goa wherein her Roll Number is MAH/705/2015 and the same discloses that she has been enrolled on 7th December, 2015. When put in the box and queried, she states that, she has signed the consent terms which were filed in the Family Court and

* 4/5 * that in terms of Clause-5(d)(iv), she has no objection to the instant FIR being quashed and set aside.

3.

The aforesaid facts, therefore disclose that the parties have amicably settled the dispute and have entered into consent terms and one of the terms mentioned in the consent terms is that, the respondent no.3 gives her consent to quash the FIR. In view of the consent terms and in the light of the statement made by respondent no.3 in the box, as also having regard to the judgments of the Apex Court in the case of Gian Singh v/s. State of Punjab, reported in (2012) 10 SCC 303 and Narinder Singh V/s. State of Punjab, reported in (2014) 6 SCC 466, no useful purpose would be served by keeping the proceedings pending. Hence, there is now no impediment in quashing the proceedings, the above application is accordingly allowed and made absolute in terms of prayer clause (a). The Writ Petition stands disposed of.

* 5/5 * 4.

The zerox copy of the Identity Card of respondent no.3 to be placed on record and marked as 'X' for identification.

(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (R.M. SAVANT, J) (R.M. SAVANT, J)