Gopal Umeshrao Helonde And ORS. v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6685 OF 2021 Gopal Umeshrao Helonde and others ...

Petitioners

Versus

The State of Maharashtra and another ...

Respondents .........

Mr. Onkar Gawade instructed by Ms. Priyanka Sangare for the Petitioners.

Mrs. S.D. Shinde, APP for the State.

Mr. Sagar Tambe instructed by Mr. Mahesh Rawool for Respondent No.2.

.........

CORAM :

NITIN JAMDAR AND N.R. BORKAR, JJ.

DATED :

19 AUGUST 2022 P.C. :- .

The present Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is filed to quash the First Information Report No. 763 of 2021 (hereinafter referred to as "FIR", for short) dated 15 October 2021 registered at Bhandup Police Station, Mumbai against the Petitioners for the offence punishable under Sections 498A, 323, 406, 504 and 506 read with Section 34 of the Indian Penal Code, 1860.

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2.

The aforesaid FIR came to be registered at the instance of Respondent No.2 who has inter-alia alleged that she was subjected to mental 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 rest of the Petitioners are her in-laws.

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 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 26 July 2022. 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.

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 (2012) 10 SCC 303 2 / 4

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. It appears that in view of the settlement between the parties, the Family Court has already passed the decree of divorce. It further appears that Petitioner No.1 has deposited an amount of Rs.800000/- towards permanent alimony. The main reason for filing of the FIR appears to be matrimonial discord. The allegations are totally of personal in 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. Nothing fruitful will therefore 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 be allowed. The Petition is 3 / 4

accordingly allowed and the FIR in question is quashed and set aside. 7.

The Writ Petition is disposed of.

( N.R. BORKAR, J. ) ( NITIN JAMDAR, J. ) by KANCHAN PRASHANT DHURI Date:

2022.09.19 16:54:13 +0530 KANCHAN PRASHANT DHURI 4 / 4