Bombay High Court
Hitesh Vilas Dunakhe And Anr vs The State Of Maharashtra And Anr on 6 April, 2016
Bench: A.S. Oka
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 291 OF 2016
(1) Mr. Hitesh Vilas Dunakhe, ]
Age - 35 years, Occupation - Service ]
(2) Smt. Archana Vilas Dunakhe ]
Age - Adult ]
Both R/at. A-6, Gurukul soc., ]
Panchpakhadi, Thane (West) ] .. Applicants
V/s.
(1)
The State of Maharshtra
(At the instance of Gangapur
]
]
Police Station, Nashik) ]
(2) Mrs. Prachi Hitesh Dunakhe ]
Age - 30 years, Occupation - Housewife ]
R/at. C/o. Shri Prakash Kulkarni, ]
Kiran Bungalow, Parijaat Nagar, Nashik. ] .. Respondents
......
Mr. J. J. Bardeskar i/b. Vishranti Anil Navale, Advocate for the
Applicants.
Mrs. M. H. Mhatre, APP for Respondent No.1.
Mr. Shreyansh R. Mithare, Advocate for Respondent No.2.
......
CORAM : A.S. OKA AND P.D. NAIK, JJ.
DATED : APRIL 6, 2016.
JUDGMENT (Per P.D. Naik, J.) :
Rule. Rule is made returnable forthwith. Advocate for
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the respondent no.2 waives service. APP for the respondent no.1
- State waives service.
2 This is an Application under Section 482 of the Code
of Criminal Procedure preferred by the applicants for quashing
the FIR registered with Gangapur Police Station, Nashik vide CR
No.I-85 of 2015 with the consequential proceedings arising out of
the said FIR viz. the charge-sheet which is subject matter of RCC
No.311 of 2016. ig The said proceeding are presently pending
before the Court of the learned JMFC, Nashik.
3 The impugned First Information Report (FIR) has
been registered under Sections 498A, 406 read with Section 34 of
the Indian Penal Code at the instance of the 2nd respondent on
22nd April, 2015. In the said FIR it has been alleged that the
second respondent had married to the applicant no.1 on 8 th July,
2009. It is further alleged that the applicant no. 1 as well as
applicant no.2 who is mother-in-law of the 2nd respondent has
caused harassment and mental cruelty to the 2 nd respondent. The
FIR narrates the instances of the alleged harassment caused to
the complainant at the instance of the accused. On completion of
investigation the charge-sheet was submitted to the Court of the
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learned Judicial Magistrate First Class at Nashik and the
proceedings were numbered as RCC No.311 of 2016.
4 The applicants have stated that they have amicably
settled the dispute and hence this application is filed invoking
inherent power of the Court under Section 482 of the Code of
Criminal Procedure for quashing the proceedings with the
consent of both the parties. It is stated that the applicants and
the 2nd respondent have settled their entire dispute. It is pointed
out that both the parties have arrived at certain terms and
conditions for the settlement and the Consent Terms in the form
of affidavits have been filed before the Family Court at Nashik.
It is stated that the applicant and the 2 nd respondent has filed the
petition for divorce by mutual consent under Section 13(b) of the
Hindu Marriage Act before the Family Court at Nashik. The said
petition is numbered as petition no.183 of 2015. The applicant
no.1 and 2nd respondent has filed their respective affidavits before
the Family Court at Nashik in the said proceedings. In the
affidavits it has been stated by both the parties that it is not
possible to continue the marital tie and, therefore, they had
decided to seek divorce by mutual consent. It is also mentioned
that they are residing separately from 2nd February, 2014. It is
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further mentioned that the 2nd respondent has lodged an FIR
against the applicants with Gangapur Police Station and that she
would withdraw the said prosecution against the applicants. The
said affidavits also refers to various terms and conditions which
are agreed between both the parties. The said affidavits are
annexed as Exhibits - "C" and "D" to this application.
5 The 2nd respondent has tendered the affidavit before
this Court stating that the dispute has been amicably settled
between the applicants and the 2nd respondent. It is also
mentioned that the applicant no.1 and 2nd respondent has signed
the Consent Terms which are filed in the petition No.183 of 2015
before the Family Court at Nashik. It is stated that as per the
Consent Terms, the dispute between the 2 nd respondent and the
applicants have been amicably settled and she does not wish to
proceed against any of the applicants in connection with the FIR
lodged by her. She also stated that she does not wish to pursue
any legal proceedings against the applicants in the subject
matter. By the said affidavit, the complainant/2 nd respondent has
further stated that she is withdrawing all the allegations levelled
by her against the applicants. It is also mentioned that she do not
wish to proceed against the applicants in CR No.183 of 2015
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registered with Gangapur Police Station, Nashik and the
consequential proceedings i.e. RCC No.311 of 2016 pending
before the learned JMFC, Nashik. The 2nd respondent has
categorically stated that she has no objection for quashing the
said proceedings.
6 We have gone though the contents of the application,
the FIR and the charge-sheet annexed to the application as well
as the affidavit submitted by the complainant. We have also gone
through the affidavits submitted before the Family Court in the
Matrimonial Proceedings which are in the form of Consent Terms
and which have been annexed to this application. We are satisfied
that the parties have amicably settled the dispute amongst each
other. It is apparent that the complainant is not interested in
pursuing the prosecution against the applicants and therefore
there are no chances of conviction. It is also seen that the parties
have decided to seek divorce by mutual consent by preferring the
petition under Section 13-B of the Hindu Marriage Act, 1955
before the Family Court. We are satisfied that the dispute is
purely of matrimonial nature and, therefore, the impugned
proceedings can be quashed and set aside in exercise of power
under Section 482 of the Code of Criminal Proceedings.
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7 In the recent decision of the Apex Court in the case of
Gian Singh Vs. State of Punjab & Anr.1, the Court was pleased
to observe that the power under Section 482 of the Cr.P.C. can be
exercised for quashing the criminal proceedings which are
amicably settled between the parties in relation to the dispute
which is of a private nature. It has been observed that the power
of the High Court for quashing a criminal proceedings or FIR or
complaint in exercise of its inherent jurisdiction is discretionary.
It is further observed that inherent power is of wide plenitude
with no statutory limitation but, it has to be exercised in
accordance with the guideline engrafted in such power viz; (i) to
secure the ends of justice or (ii) to prevent abuse of the process
of any Court. It is also observed that before exercise of said
power, the High Court must observe the nature and gravity of the
crime. The Apex Court has further observed that the dispute
wherein the wrong is basically private and personal in nature and
and parties have resolved their entire dispute, the power of
quashing can be exercised by the High Court.
8 In view of the aforesaid circumstances, we are
inclined to allow the present application by exercising the
1 2012 (10) SCC 303
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inherent power under Section 482 of the Code of Criminal
Procedure. From the documents on record it is crystal clear that
the FIR and the proceedings had arisen out of the matrimonial
dispute which are private in nature. We have also taken in to
consideration the fact that the parties have initiated the
proceedings for divorce by mutual consent before the concerned
Court. In view of the settlement arrived at between both the
parties, we find that this is a fit case to exercise the power of
quashing.
9 Hence, we pass the following order:
:: O R D E R ::
(i) Rule is made absolute in terms of prayer
clause (a) which reads thus:
"a) this Hon'ble Court to quash and set
aside FIR being C.R.No.I-85 of 2015
registered with Gangapur Police Station,
Nashik alongwith the Chargesheet No.I-
82/2015 filed in the said crime, and its
entire proceedings i.e. RCC No.311/2016
pending before the Ld. JMFC, Nashik on
such terms and conditions as this Hon'ble
Court may deem fit and proper;"
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(ii) all concerned to act upon an authenticated
copy of the operative part of this order.
(P.D. NAIK, J.) (A.S. OKA, J.)
