Nitin Kumar Daudayal Goyal And ANR v. The State Of Maharashtra And ANR

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1102 OF 2014 Mr.Nitin Kumar Daudayal Goyal and anr.

.. Applicants Vs.

The State of Maharashtra and anr.

.. Respondents Mr.Nitinkumar D.Goyal, Applicant No.1 in person present. Mrs. G.P. Mulekar, APP for State.

Mr.Naqvi Shahood Anwar Hasan, for Respondent No.2. CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

07th FEBRUARY, 2018 P.C.

:

1.

The applicants are seeking quashing of FIR No. 286 of 2014 of Navghar Police Station. The said case is under Sections 323, 377, 504 and 506 of IPC. The said FIR has been filed by respondent No.2 who was the wife of applicant No.1. Applicant No.2 is the mother of applicant No.1. 2.

Heard applicant No.1 in person. He states that he is 1/3

also representing his mother i.e. applicant No.2. Heard learned Counsel for respondent No.2 - original complainant and learned APP for State.

3.

The complainant is present before the Court. The complainant has stated that the FIR was lodged on account of matrimonial dispute. There was also matrimonial dispute between her and applicant No.1 which was pending before the CJSD, Thane. As the dispute was amicably settled between her and applicant No.1 who was then her husband, consent terms were filed between the parties and the matrimonial dispute has been disposed of. She has stated that on account of the settlement between the parties, she does not wish to prosecute her case. She has also tendered affidavit to the above effect along with copy of Aadhar Card. The same are taken on record and marked 'X' collectively for identification. 4.

In view of the facts of this case, we are of the opinion that the present case would clearly be covered by the 2/3

decision of the Supreme Court in the case of Gian Singh Vs. State of Punjab and anr. (2012) 10 SCC 303. Looking to the fact that the matter has been amicably settled between the parties and looking to the fact that the complainant does not wish to pursue the case, we are of the opinion that no purpose would be achieved by continuing with the prosecution in the said case. In this view of the matter, FIR No. 286 of 2014 of Navghar Police Station and the proceedings relating thereto are quashed.

5.

The application is allowed in the above terms. (M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 3/3