Sunil Harkishandas Ganwani And ORS v. The State Of Maharashtra

APL. 1101-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1101 OF 2016 Sunil Harkishandas Ganwani & Ors.

...

Applicants Vs.

State of Maharashtra & Anr.

...

Respondents *** Mr. Mohammed Umar Kazi, for the Applicants.

Dr. F. R. Shaikh, APP for Respondent No. 1 - State. Mr. Amol Joshi i/b M/. Rane & Co., for Respondent No. 2. *** CORAM : V. M. KANADE, & Ms. NUTAN D. SARDESSAI, JJ.

DATE : NOVEMBER 25, 2016 PC.

.

Heard the learned counsel appearing on behalf of the Applicants and the learned AGP appearing for Respondent No. 1 - State, the learned counsel appearing for Respondent No. 2. This application is filed by the Applicants for quashing of the criminal complaint lodged by Respondent No. 2 for the offences punishable under Section 498-A and 406 of the I. P. Code, with Mahatma Phule Chowk Police Station, Kalyan vide C.R. No. I-640/2013. The parties 1 / 2

APL. 1101-16 have amicably settled the dispute. Respondent No. 2 has filed her affidavit, stating therein that she has no objection if the complaint filed by her is quashed on account of amicable settlement between the parties. The judgment of the Apex Court in the case of - B. S. Joshi vs. State of Haryana [AIR 2003 SC 1386] is squarely applicable to the facts of the case, since both the parties are young and quashing of the complaint will be in the interest of Respondent No. 2 wife and there is no issue out of the marriage. We have, therefore, no hesitation in quashing the complaint by consent of parties. Criminal application is, therefore, allowed in terms of prayer clause (a) and is accordingly disposed of.

Sd/- Sd/- [Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2