Kunal Suresh Agale And ORS v. The State Of Maharashtra And ANR

Digitally signed by DINESH SADANAND SHERLA Date:

2022.07.05 11:14:58 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4648 OF 2021 Kunal S. Agale and ors.

... Petitioners V/s.

State of Maharashtra and anr.

... Respondents ---------------- Mr. Tapan Thatte i/b Mr. Amar Patil for the Petitioners. Mrs. A.S. Pail, PP for the Respondent No.1 - State. Mr. Sunil R. More a/w. Ms Sweta Agale for the Respondent No.2. ----------------

CORAM

:

NITIN JAMDAR & N.R. BORKAR, JJ.

DATE :

29 JUNE 2022.

P.C.

.

The present petition under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 is filed to quash the First Information Report No.0015 of 2018 (hereinafter referred to as "FIR", for short) dated 20 January 2018 registered at Market Yard Police Station, District Pune for the offences punishable under Sections 498-A, 406, 323, 504 and 506 read with 34 of Indian Penal Code.

2.

The aforesaid crime came to be registered at the instance of Respondent No.2, who has alleged that she was subjected to mental 1/4

and physical cruelty at the hands of her husband and in-laws. The Petitioner No.1 is the husband of Respondent No.2 and the Petitioner Nos.2 to 5 are her mother-in-law, father-in-law and sisterin-law respectively. 3.

The learned Counsel for the Petitioners and the Respondent No.2 jointly submit that the parties have amicably settled the dispute. It is submitted that the parties have filed the consent terms in the petition filed for divorce before the Family Court at Pune. It is submitted that no purpose would be served by keeping the prosecution alive, in view of the settlement arrived at between the parties. The learned Counsel for the parties submits that present case is squarely covered by the law laid down by the Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab1. 4.

Respondent No.2 has filed consent affidavit dated 20 December 2021. Respondent No.2 has stated that pursuant to amicable settlement, the Petitioners have deposited amount of Rs.556000/- before the Family Court towards permanent alimony. Respondent No.2 has stated that she has no objection if the FIR in question is quashed in view of the settlement arrived at between the parties.

(2012) 10 SCC 303 2/4

5.

The Hon'ble Supreme Court in the case of Gian Singh (supra) has held :

"But the criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim."

6.

We have examined the facts of the present case in the light of law laid down by the Hon'ble Supreme Court in Gian Singh's case. The main reason for filing of the FIR appears to be matrimonial discord. The allegations are totally of personal nature. In view of the settlement between the parties, Respondent No.2 is not going to support the prosecution case and therefore, possibility of conviction is remote and bleak. Therefore, nothing fruitful will come out of the prosecution in question. Apart from it, if the FIR is not quashed, the settlement arrived at between the parties would be disrupted. Considering these facts and circumstances, the petition deserves to 3/4

be allowed. Hence, the Petition is allowed in terms of prayer clause (A), which reads thus:

"A.

Quash FIR being at C.R. No.0015/2018 dated 20th January, 2018 registered at the Market Yard Police Station, District Pune and all the proceedings in pursuance of the said FIR; "

7.

The Petition is disposed of.

(N.R. BORKAR, J.) (NITIN JAMDAR, J.) 4/4