Rohan Tatyaba Bhor And ORS. v. Namrata Rohan Bhor And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4829 OF 2019 Rohan Tatyaba Bhor & Ors.

...Petitioners

Versus

Namrata Rohan Bhor & Ors.

...Respondents

...

Mr. Sanjiv Sawant i/by Mr. Abhishek Deshmukh & Mr. R. V. Pawar for petitioner.

Mr. Sandeep M. Pathak for Respondent No.1.

Respondent No.1 with her mother present in the court. Mr. Y. M. Nakhwa, APP for Respondent/State.

...

by DNYANESHWAR ASHOK ETHAPE Date:

2022.06.14 18:37:04 +0530 CORAM : S. S. SHINDE & MILIND N. JADHAV, JJ.

DNYANESHWAR ASHOK ETHAPE DATE : 13th JUNE, 2022 P.C.:

1.

Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties. 2.

Mr. Sawant, learned counsel appearing for the petitioner has tendered across the bar consent terms which are taken on record and marked 'X' for identifcation. 3.

It is jointly submitted by the learned counsel appearing for the petitioner and 1st respondent that the parties have amicably settled the disputes. Petitioner no.1 is the husband of

2/4 the respondent No.1. Petitioner no.1 and 1st respondent have agreed to fle consent terms for the decree of divorce by mutual consent in the pending Hindu Marriage Petition No. 732 of 2020 fled by the petitioner No.1 -1 Rohan before the Ciivil Juudge Senior Division, Pune. The learned counsel appearing for both the parties have no objection to expedite the proceedings which are pending before the Ciivil Juudge Senior Division Pune. 4.

The 1st respondent and her mother are present before the Ciourt. We have interacted with 1st respondent. On a specifc query put to respondent No.1, she stated that there is settlement between herself and petitioners and she has signed the consent terms voluntarily with her free will without undue infuence and coercion. The consent terms are also signed by the petitioners. Parties are identifed by the advocates appearing for the respective parties. Afdavit of the respective parties are placed on record.

5.

Since, the parties have amicably settled the dispute, no fruitful purpose will be served by continuing further proceeding arising our of FIR No. 285 of 2018 registered with MIDCi, Bhosari Police Station for the ofences punishable under Sections 498A, 376(n), 377, 323, 504, 506(1), 354-1Ci, 354B, 43B, 66 read with 34

3/4 of the Indian Penal Ciode and continuing said proceedings would be an exercise in futility in as much as the 1st respondent is not going to support case of the prosecution. In view of the above, petition deserves to be allowed.

6.

In that view of the matter, the proceeding arising out of FIR No. 285 of 2018 pending before the Pimpri Ciourt, Pune stands quashed and set aside. The Writ Petition is allowed in terms of prayer clause (a), which reads as under:-1 "(a) That this Hon'ble Ciourt be pleased to pass appropriate orders thereby quashing and setting aside the impugned the FIR No. 285 of 2018 registered with MIDCi, Bhosari Police Station, Pimpri Cihinchwad Ciity under Section 498A, 376(N), 377, 323, 504, 506(1), 354-1Ci, 354B, 43B, 66 read with 34 of I.P.Ci. and the CiCi No. 867 of 2018 fled in the Pimpri Ciourt, Pune and lodge FIR against the Respondent No.1 for misguiding the Police Authorities to lodge false FIR bearing No. 285 of 2019 and CiCi No. 867 of 2018;"

7.

Rule made absolute in above terms. The writ petition stands disposed of.

8.

We direct parties to extend full co-1operation to the Ciivil Juudge Senior Division, Pune for early disposal of the proceeding Pending before the said Ciourt. The Ciivil Juudge Senior Division, Pune shall expedite the proceeding and decide the same as

4/4 expeditiously as possible however, within a period of eight weeks from today.

(MILIND N. JADHAV, J.) (S. S. SHINDE, J.)