Rambujh Ramnaresh Tiwari And ORS v. The State Of Maharashtra And ANR
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5029 OF 2017 Rambujh Ramnaresh Tiwari & ors .. Petitioners
Versus
The State of Maharashtra .. Respondent ...
Mr.V.Y. Mishra for the petitioners.
Mrs.P.P. Shinde, APP for the State.
Mr.Vinod Chauhan i/b Alok Kumar Srivastava for respondent no.2.
CORAM: SHRI RANJIT MORE & SMT. BHARATI H.DANGRE, JJ.
DATED : 15th OCTOBER 2018 P.C:- Heard learned counsel for the petitioners, learned counsel for the respondent no.2 and learned APP appearing for the State.
The petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, for quashing and setting-aside FIR No.245 of 2017 registered with MHB Police Station, Borivali at the instance of respondent
2/3 (70)WP-5029-17.doc No.2, for the offences punishable under Sections 498A, 406, 323, 504 read with Section 34 Indian Penal Code, 1860. The petitioners are in-laws of respondent No.2. Marital dispute between the parties gave rise to filing of several criminal as well as civil cases. The subject matter of the present petition is one of them.
Pending investigation, the parties, however, have settled their dispute amicably, and in pursuance of an understanding arrived at between them, have approached this Court for quashing and setting-aside the subject FIR by consent. Respondent No.2 has filed an affidavit dated 27th November 2017. In paragraph no.4 of the said affidavit, the respondent no.2 has made a statement that it would be just, proper and equitable and in the interest of justice, proceedings of the subject FIR may be quashed and set aside. Respondent no.2 is present before the Court.
The respondent no.2 is specifically asked that whether she has gone through the affidavit and has understood the contents thereof. She answers in the positive and states that she has no objection if the subject FIR is quashed and set-aside. She has
3/3 (70)WP-5029-17.doc further confirmed that that she is giving no objection for quashing the said FIR out of free will and without there being any pressure or coercion.
It can, thus, be seen that the matter has been amicably settled between the parties. Perusal of the complaint, makes it clear that the allegations are totally personal in nature. In these circumstances and especially in view of the law laid down by the Apex Court in the case of B.S.Joshi versus State of Haryana AIR 2003 SC 1386, we are of the view that quashing of the FIR would be in the interest of respondent No.2. Besides, no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. In that view of the matter and in the interests of justice, the subject FIR is required to be quashed. The petition is, accordingly, made absolute in terms of prayer clause (a) and is disposed of as such. (SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.)