Shwetali Ganesh Wadekar vs The State Of Maharashtra And Anr
2016 Latest Caselaw 3706 Bom

           rpa                                   1/4                                   wp-4451-15.doc


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION




                                                                                   
                      CRIMINAL WRIT PETITION NO.4451 OF 2015




                                                           
          Mrs. Shwetali Ganesh Wadekar                                        .. Petitioner

                   V/s.




                                                          
          The State of Maharashtra & Anr.                                     .. Respondents

                                          ......




                                         
          Mr.Sandeep Dere, Advocate for the Petitioner.
          Mrs. M.M. Deshmukh, APP for Respondent No.1 - State.
          Mr. Pratap Patil, Advocate for Respondent No.2.
                              ig         ......

                                   CORAM : NARESH H. PATIL AND
                            
                                           PRAKASH D. NAIK, JJ.

                                   DATED : JULY 11, 2016.
      


          JUDGMENT (Per PRAKASH D. NAIK, J.) :

Rule. Rule is made returnable forthwith.

2 Learned APP waives service for Respondent - State.

3 The petitioner has preferred this petition challenging

the proceedings arising out of the First Information Report (for

short "FIR") registered with Turbhe MIDC Police Station, Navi

Mumbai vide C.R.No.253 of 2014. The offence was registered

rpa 2/4 wp-4451-15.doc

under Section 354 of the Indian Penal Code (for short "IPC") at

the instance of the petitioner being the original complainant

against the second respondent.

4 In the FIR, it is alleged that the petitioner/first

informant was employed with a company namely Finopeti

Limited, Shiravane as inventory executive. The accused was

working as a manager in the said company. It is alleged that the

accused used to harass the complainant and some time used to

touch her inappropriately. The accused also threatened her that

she should leave the employment. Hence, the first formant lodged

the FIR on 11th October, 2014.

5 Police completed the investigation and filed charge-

sheet before the Court of Judicial Magistrate First Class at Vashi,

Navi Mumbai and the proceedings are pending in the said Court.

Petitioner had contended that although she is the complainant,

she does not want to pursue the proceedings and withdraw the

criminal case. In the petition, it was stated that registration of the

said complaint has caused embarrassment to her and there is

disturbance in her matrimonial life. We have heard the learned

advocate appearing for the petitioner as well as the learned

rpa 3/4 wp-4451-15.doc

advocate appearing for respondent no.2 and the learned APP for

respondent no.1 - State. We are not impressed by the averments

made in the petition wherein withdrawal of the proceedings was

sought by the petitioner on the basis of the grounds enumerated

therein.

6 During the course of hearing, however, the petitioner

and respondent no.2 has stated that they have amicably settled

the dispute and in view of the said settlement, the petitioner has

no objection for quashing the proceedings.

7 Petitioner and second respondent has filed a joint

affidavit before this Court. The said affidavit is taken on record.

In the said affidavit it is stated that both the parties have thought

over the entire matter and repercussions thereof on future life of

both. After considering the same, they have taken a conscious

decision to settle the matter amicably and unconditionally. It is

also stated that they will not proceed against each other in future

by adopting any legal remedy or in any other manner whatsoever

in connection with the present case. In view of the settlement, a

joint request was made that the present criminal case arising out

of C.R.No.253 of 2014 may be quashed.

            rpa                                   4/4                                   wp-4451-15.doc


          8                 We have perused the documents on record as well as




                                                                                   

the joint affidavit tendered by the parties. We have taken into

consideration the fact that the parties have settled their dispute

and the complainant is not interested in persuing the prosecution.

In view of the settlement arrived at between both the parties, we

are inclined to quash the criminal proceedings which are subject

matter of this petition. Hence, we pass the following order:

:: O R D E R ::

(i)

Rule is made absolute.

(ii) Criminal proceedings pending in the Court of

Judicial Magistrate First Class, Vashi, Navi

Mumbai arising out of C.R.No.253 of 2014,

registered with Turbhe MIDC Police Station,

Navi Mumbai for the offence punishable under

Section 354 of the Indian Penal Code are

quashed and set aside.

(iii) Parties to act upon an authenticated copy of this

order.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.)