Anand Jagdish Agrawal And ORS v. State Of Maharashtra And ANR

1/2 wp 3340 of 2016 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 3340 OF 2016 Anand Jagdish Agrawal and Ors.

...Petitioners

Vs.

State of Maharashtra and Anr.

...Respondents

****** Dr. Pawan Kumar Pandey, for the Petitioners Mr. K. V. Saste, APP for the State.

Mr. Ghanshyam Upadhyay a/w. Mr. Kamlesh Mishra , for Respondent No. 2 ****** CORAM : V. M. KANADE & Ms. NUTAN D. SARDESSAI, JJ.

DATE : DECEMBER 21, 2016 P.C. :

1.

Heard the learned counsel appearing on behalf of the Petitioners, the learned APP for Respondent No.1 -State and the learned counsel for Respondent No. 2.

2.

By this petition, which is filed under Article 226 of the Constitution of India and under section 482 of Cr.P.C, the Petitioners are seeking an appropriate writ, order and direction for quashing of FIR No. 375 of 2015 registered with Dindoshi Police Station for the offence punishable under sections 498A, 323, 504, 506(II) r/w. 24 of the Indian Penal Code filed by Respondent No.2.

2/2 wp 3340 of 2016 3.

The parties have now settled the dispute amicably. Respondent No. 2 filed her affidavit in reply, stating therein that she has no objection if the complaint is quashed. Both the parties are present in the Court. Respondent No. 2 has reiterated whatever she has stated in the affidavit in reply.

4.

In view of the ratio of the judgment of the Apex Court in the case of B. S. Joshi and Ors. Vs. State of Haryana and Anr. [AIR 2003 SC 1386], in our view, there is no impediment in quashing the complaint filed by Respondent No. 2. We are satisfied that quashing of complaint is in the best interest of Respondent No.2. In view of this, writ petition is allowed and disposed of in terms of prayer clause (a). Sd/- Sd/- [Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.] Vinayak Halemath