Ved Praksh Soni v. State Of Goa Thr. The Public Prosecutor And 2 ORS

Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.45 OF 2023 VED PRAKASH SONI ... Petitioner

Versus

STATE OF GOA THR. THE PUBLIC PROSECUTOR AND 2 ORS.

...Respondents

Mr James Lopes, Advocate for the Petitioner.

Mr G. Nagvenkar, Additional Public Prosecutor for the Respondents.

CORAM:

M. S. SONAK & BHARAT P. DESHPANDE,JJ DATED :

th JUNE 2023 P.C.

1.

Heard Mr J. Lopes, learned counsel for the Petitioner, and Mr G. Nagvenkar, learned Additional Public Prosecutor for the State. 2.

The Petitioner seeks quashing of F.I.R. No.02/2022 dated 14.10.2022 registered at Verna Police Station against the Petitioner. 3.

The F.I.R. was registered based upon Respondent No.3's complaint alleging commission of several cognizable offences by the Petitioner. The Petitioner and Respondent No.3 are present in the Court. They state that they are now married since 07.11.2022. Along

with the petition they have produced a certificate of registration of marriage issued by the State of U.P.

4.

In addition, to the petition, an affidavit sworn by Respondent No.3 was also annexed. Since this affidavit was sworn before the Notary Public, we inquired with Respondent No.3 whether she is willing to file an affidavit in this Court affirming that she is indeed married to the Petitioner and further, there are no longer any pending disputes.

5.

Accordingly, Respondent No.3 has filed an affidavit in this Court. Respondent No.3 was identified by Mr J. Lopes, learned counsel for the Petitioner. Further, Respondent No.3 also produced her Adhar Card before the Section Officer of this Court by way of identification.

6.

We have interviewed the Petitioner and Respondent No.3 and they state that they have resolved their differences and are now happily married to each other.

7.

Mr Lopes submits that in the above circumstances, it would be appropriate to quash the impugned F.I.R. by exercising inherent powers under Section 482 of the Criminal Procedure Code. Mr Lopes on instructions from the Petitioner has offered to pay costs of 10,000/- favouring the Goa State Legal Services Authority. Mr Lopes ₹

states that such costs would be paid to the Goa State Legal Services Authority today itself.

8.

The learned Additional Public Prosecutor states that there could be no difficulty in quashing the F.I.R. now that the parties have amicably settled their personal disputes.

9.

Accordingly, subject to payment of costs of 10,000/- and ₹ producing the necessary receipt on the file of this Court, the impugned F.I.R. No.02/2022 dated 14.10.2022 registered at Verna Police Station against the Petitioner -Ved Prakash Soni is hereby quashed.

10.

This petition is allowed in the above terms.

11.

All concerned are to act on an authenticated copy of this order. BHARAT P. DESHPANDE, J M. S. SONAK, J Date: 2023.06.28 14:56:29 +05'30'

TARI AMRUT NAGESH