Bombay High CourtAPL/1297/2014rule absolute

Raqhul Dattatray Pate And ORS v. The State Of Maharashtra

2017-08-24Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice R.M. Savant.4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1297 OF 2014 Mr. Rahul Dattatray Pate & Ors.

....Applicants V/s.

The State of Maharashtra & Anr.

....Respondents Mr. P.G.Sawant, Advocate for Applicant.

Mr. V.B.Konde-Deshmukh, APP for the Respondent-State. Mr. Ashish Dhuri i/by Mr. N.M.Jadhav, Advocates for Respondent No.2.

****** CORAM :- CORAM :- R.M. SAVANT & R.M. SAVANT & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 24TH AUGUST, 2017.

24TH AUGUST, 2017.

P.C. :- P.C. :- The above Criminal Application seeks quashing of the The above Criminal Application seeks quashing of the FIR bearing no.147 of 2013 registered with the Narayangaon Police FIR bearing no.147 of 2013 registered with the Narayangaon Police Station, Pune on 18.5.2013 under Sections 498A, 313, 420 and 34 Station, Pune on 18.5.2013 under Sections 498A, 313, 420 and 34 of IPC. The FIR has arisen out of the matrimonial dispute between of IPC. The FIR has arisen out of the matrimonial dispute between the Applicant No.1 and the Respondent No.2, who are husband and the Applicant No.1 and the Respondent No.2, who are husband and wife. The first informant, i.e., the Respondent No.2 has filed her wife. The first informant, i.e., the Respondent No.2 has filed her affidavit dated 15.1.2015 sworn before the Notary Public Mr. N.Raja affidavit dated 15.1.2015 sworn before the Notary Public Mr. N.Raja and having Notarial Registration No.794 dated 15.1.2015. In the and having Notarial Registration No.794 dated 15.1.2015. In the

* 2/4 * 906APL-1297-2014.doc context of the reliefs sought in the present Application, the second context of the reliefs sought in the present Application, the second last paragraph on page 23 and the last unnumbered paragraph on last paragraph on page 23 and the last unnumbered paragraph on the said page are material and are re-produced hereunder: the said page are material and are re-produced hereunder: "

I further say that as per our understanding that the I further say that as per our understanding that the Respondent No.2 will withdraw the allegations against all Respondent No.2 will withdraw the allegations against all the Applicants i.e., the Original Accused Nos.1, 2 and 3 the Applicants i.e., the Original Accused Nos.1, 2 and 3 and the Applicants will file this present Application under and the Applicants will file this present Application under Section 482 of the Criminal Procedure Code before this Section 482 of the Criminal Procedure Code before this Hon'ble Court and the Respondent No.2 i.e. myself will give Hon'ble Court and the Respondent No.2 i.e. myself will give her wilful consent for the same by filing an affidavit of her wilful consent for the same by filing an affidavit of declaration before this Hon'ble Court.

declaration before this Hon'ble Court.

I am therefore on oath hereby declare that I willfully I am therefore on oath hereby declare that I willfully withdraw all the allegations and the contentions narrated withdraw all the allegations and the contentions narrated by me reducing in writing the First Information Report by me reducing in writing the First Information Report bearing No.147/2013 dated 18/05/2013 with the bearing No.147/2013 dated 18/05/2013 with the Respondent No.1 and further consent for any directions of Respondent No.1 and further consent for any directions of this Hon'ble Court for discharging and/or dropping the this Hon'ble Court for discharging and/or dropping the proceedings against the Applicants i.e., the Original proceedings against the Applicants i.e., the Original Accused in the First Information Report bearing No.

147 of Accused in the First Information Report bearing No.147 of 2013 registered with the Respondent No.1 on the strength 2013 registered with the Respondent No.1 on the strength of this present affidavit of declaration. I further say that I of this present affidavit of declaration. I further say that I will not make any claim henceforth against the said will not make any claim henceforth against the said withdrawal of allegations by me in future."

withdrawal of allegations by me in future."

* 3/4 * 906APL-1297-2014.doc Hence, the reading of the aforesaid paragraphs discloses that Hence, the reading of the aforesaid paragraphs discloses that the parties have now cleared the misunderstanding between them the parties have now cleared the misunderstanding between them and have reached an amicable settlement pursuant to which the and have reached an amicable settlement pursuant to which the Respondent No.2 has given her consent for quashing of the FIR in Respondent No.2 has given her consent for quashing of the FIR in question. The Respondent No.2 is personally present in the Court. question. The Respondent No.2 is personally present in the Court. She is identified by the learned counsel Mr. Ashish Dhuri. She is also She is identified by the learned counsel Mr. Ashish Dhuri. She is also identified by her Aadhar Card bearing No.

6921 4848 8344. When identified by her Aadhar Card bearing No.6921 4848 8344. When put in the box and querried, she states that the affidavit 15.1.2015 is put in the box and querried, she states that the affidavit 15.1.2015 is hers. She has signed the affidavit of her own free will and volition hers. She has signed the affidavit of her own free will and volition and the contents of the said affidavit are acceptable to her. The and the contents of the said affidavit are acceptable to her. The Applicant No.1 Rahul Dattatray Pate is also personally present Applicant No.1 Rahul Dattatray Pate is also personally present before the Court. He is identified by the learned counsel Mr. before the Court. He is identified by the learned counsel Mr. P.G.Sawant. He is also identified by his Aadhar Card No.5498 0415 P.G.Sawant.

He is also identified by his Aadhar Card No.5498 0415 6151. When put in the box and querried, he states that settlement 6151. When put in the box and querried, he states that settlement arrived at between the parties is acceptable to him. In view of the arrived at between the parties is acceptable to him. In view of the affidavit dated 15.1.2015 as also having regard to the judgment of affidavit dated 15.1.2015 as also having regard to the judgment of the Apex Court in the case of the Apex Court in the case of Narinder Singh v. State of Punjab Narinder Singh v. State of Punjab reported in (2014) 6 SCC 466, there is no impediment in quashing reported in (2014) 6 SCC 466, there is no impediment in quashing the proceedings though the offences alleged are non-compoundable. the proceedings though the offences alleged are non-compoundable.

* 4/4 * 906APL-1297-2014.doc Dictum of the Supreme Court in Dictum of the Supreme Court in Gian Singh v. State of Punjab Gian Singh v. State of Punjab reported in reported in (2012) 10 SCC 303 (2012) 10 SCC 303 would also lead to the same would also lead to the same conclusion. No useful purpose would therefore be served by keeping conclusion. No useful purpose would therefore be served by keeping the proceedings pending. Hence, the above Criminal Application is the proceedings pending. Hence, the above Criminal Application is accordingly allowed and made absolute in terms of prayer clause accordingly allowed and made absolute in terms of prayer clause (a).

(a).

(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (R.M. SAVANT, J) (R.M. SAVANT, J)