Tarun Prakash Gaikwad And Ors vs The State Of Maharashtra And Anr
2016 Latest Caselaw 1692 Bom

     ash                                                 1                           apl-267.16




                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                 
                         CRIMINAL APPELLATE JURISDICTION
                       CRIMINAL APPLICATION NO.267 OF 2016




                                                         
     Tarun Prakash Gaikwad and Others.               ..                    Applicants
           Vs




                                                        
     The State of Maharashtra and Another.           ..                    Respondents
           -

Ms. Deepika M. Bafna for the Applicant.

Mrs. M.H. Mhatre, APP for the Respondent No.1.

Shri Rahul P. Walvekar for the Respondent No.2.

           -                  ig     CORAM  :      A.S. OKA & P.D. NAIK, JJ
                                     DATED    :    21ST APRIL 2016
                            
     ORAL JUDGMENT ( PER P.D. NAIK, J )
      

1. Rule. Respondents waive service. Rule is made returnable

forthwith.

2. This is an Application made by the Applicants under

Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.)

seeking quashing of the criminal proceedings in C.C. No.416 of 2013.

The said proceedings arise out of the First Information Report (FIR)

lodged at the instance of the second Respondent for the offences

punishable under Sections 498-A, 406, 323, 504 and 506 read with

Section 34 of the Indian Penal Code.

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3. In the FIR registered by the first Respondent, it has been

alleged that the marriage was solemnized between the second

Respondent and the first Applicant on 25 th February 2011. It is further

alleged that after the marriage, there was harassment of the second

Respondent at the instance of the Applicants. On account of the said

harassment, FIR bearing No.48 of 2012 has been registered with the

Nalasopara Police Station on 24th January 2012. On completing the

investigation, chargesheet has been filed before the Competent Court

and the proceedings were numbered as C.C. No.416 of 2013. It is

pointed out by the learned Advocate for the Applicants as well as the

learned Advocate for the second Respondent that the parties have

settled the dispute amicably. It is also pointed out that the proceedings

were initiated before the Family Court vide Petition No.A-3194 of 2013.

In the said proceedings, the consent terms for divorce have been filed.

The first Applicant and the second Respondent have agreed for taking

divorce by mutual consent. In Clause 5 of the said consent terms, it has

been mentioned that in view of the settlement, the Petitioner therein

shall agree to withdraw her criminal complaint filed under Section

498-A of the Cr. P.C. at Nalla Sopara Police Station. It is also mentioned

that the Petitioner (second Respondent herein) will be allowed to

withdraw the alimony amount after she withdraws the abovementioned

criminal complaint as well as after passing of the decree of divorce.

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4. The second Respondent has filed an affidavit before this

Court in the present Application. In Paragraph 2 of the said affidavit, it

has been clearly stated that she has no objection for quashing criminal

proceedings in C.C. No.416 of 2013 arising out of CR No.48 of 2012

registered under Sections 498-A, 406, 323, 504 and 506 read with

Section 34 of the Indian Penal Code.

5. The first Applicant has also tendered an affidavit dated 21 st

April 2016. In the said affidavit, it has been stated that he has no

objection for withdrawal of the amount by the second Respondent

deposited by him before the Family Court to the tune of Rs.1,05,000/-

on the basis of the order of quashing of the abovementioned

proceedings by this Court.

6. We have gone through the First Information Report,

consent terms annexed to the Application, affidavits tendered by the

second Respondent as well as the first Applicant before this Court. It is

clear that the dispute has arisen from the matrimonial discord between

the parties. The said dispute is of a private nature. In several decisions

of the Apex Court and more particularly in a recent decision of the Apex

Court in the case of Gian Singh v. State Bank of Punjab 1, it has been

observed that in respect to the disputes which are purely of private

nature, the Court can exercise the powers under Section 482 of the 1 (2012) 10 SCC 303

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Cr.P.C. and quash such proceedings, if there is an amicable settlement

between the parties.

7. Hence, we are inclined to allow this Application.

Accordingly, Rule is made absolute in terms of prayer clause (a) which

reads thus:

"(a) That this Hon'ble Court be pleased to quash the

proceedings u/s. 482 of the Code of Criminal Procedure by

calling the records and proceedings of the C.C. No.416 of

2013 pending before the Hon'ble J.M.F.C. Court, Vasai and

after going through the validity and legality of the same,

quash and set aside the criminal proceedings."

8. The Family Court is directed to permit withdrawal of the

amount of Rs.1,05,000/- by the second Respondent which amount has

been deposited by the first Applicant in the Family Court in the Petition

No.A-3194 of 2013 on production of an authenticated copy of this

order.

9. All concerned to act upon an authenticated copy of this

order.

      (P.D. NAIK, J)                                                 ( A.S. OKA, J )