Owais Feroz Penwala And ORS v. The State Of Maharashtra And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 838 OF 2017 Owais Feroz Penwala and Ors.
....Applicants V/s.
The State of Maharashtra and anr.
....Respondents * * * * * Mr. A.H. Ponda, i/by. Miss. Yasmin A. Shaikh, Advocate for the applicants.
Mr. V.B. Kondedeshmukh, Additional Public Prosecutor for the State, respondent no.1.
Mr. Mubin Solkar i/by. Ms. Zara Solati, Advocate for respondent no.2.
CORAM :- CORAM :- R.M. SAVANT & R.M. SAVANT & SANDEEP K. SHINDE, JJ.
SANDEEP K. SHINDE, JJ.
DATE :- DATE :- 16TH AUGUST, 2017.
16TH AUGUST, 2017.
P.C. :- P.C. :- 1.
By the above Criminal Application, the applicants seek quashing of the FIR No. 217 of 2017 dated
* 2/4 * 31st May, 2017 registered under Section 498A, 406, 315 read with Section 34 of the Indian Penal Code by the Nagpada Police Station, Mumbai. The said FIR, as can be seen, arises out of the matrimonial dispute between petitioner no.1 and respondent no.2 herein who are husband and wife. The parties have reached a settlement which is evidenced by the Deed of Divorce by Khula (Talaq) dated 4th August, 2017. The said deed of divorce has been executed before the Notary Public, R.R. Sharma, Advocate High Court and Notary Government of India and bears the Notarial Registration No. 3286/2017 dated 4th August, 2017. The terms mentioned in the said deed of divorce are self-explanatory. The First Informant i.e. respondent no.2 herein has also filed her Affidavit dated 14th August, 2017. In the context of the relief sought, paragraphs-4 and 9 of the said Affidavit are material and are reproduced hereunder :- "4.
I say that after registration of the said F.I.R. sincere efforts for reconciliation were made by elders of both families but despite their best efforts, the matrimonial disputes and
* 3/4 * misunderstanding between me and the Applicant no.1 are not resolved, and the Applicant No.1 and myself are residing separately. However, in pursuance to the said efforts, I have settled my grievances out of court, and accordingly a Deed of Divorce (Khula Talak) was executed between me and the Applicant No.1, whereby I have agreed inter-alia not to pursue the said FIR lodged by me at Nagpada Police Station on 31.05.2017 being C.R. No. 217/2017."
AND "9.
I therefore pray that the above Criminal Application be allowed in terms of prayer clause (a) and this Hon'ble Court be pleased to quash the FIR registered by me at Nagpada Police Station being C.R. No. 217/2017 on 31.05.2017 for offences punishable u/s 498(A), 406, 315 r/w 34 of I.P.C."
Solemnly affirmed at Bombay ) This 14th day of August 2017 ) Respondent No.2 BEFORE ME Z.H. BURUD ADVOCATE & NOTARY GOVT. OF INDIA Shop No.1, Vrajilal Kababhai Bldg., 30, Wanjawadi, Mahim(W), Mumbai-16
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The Deed of Divorce and the Affidavit-in-reply filed by respondent no.2 further disclose that now no dispute remains between the parties.
3.
In the light of 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 application stands disposed of.
(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (R.M. SAVANT, J) (R.M. SAVANT, J)