Bombay High Court
Owais Feroz Penwala And Ors vs The State Of Maharashtra And Anr on 16 August, 2017
Bench: R.M. Savant
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Wednesday, 16.8.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 838 OF 2017
Owais Feroz Penwala and Ors. ....Applicants
V/s.
The State of Maharashtra and anr. ....Respondents
*****
Mr. A.H. Ponda, i/by. Miss. Yasmin A. Shaikh, Advocate
for the applicants.
Mr. V.B. Kondedeshmukh, Additional Public Prosecutor
for the State, respondent no.1.
Mr. Mubin Solkar i/by. Ms. Zara Solati, Advocate for
respondent no.2.
CORAM :- R.M. SAVANT &
SANDEEP K. SHINDE, JJ.
DATE :- 16TH AUGUST, 2017.
P.C. :-
1. By the above Criminal Application, the
applicants seek quashing of the FIR No. 217 of 2017 dated
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Wednesday, 16.8.2017
31st May, 2017 registered under Section 498A, 406, 315
read with Section 34 of the Indian Penal Code by the
Nagpada Police Station, Mumbai. The said FIR, as can be
seen, arises out of the matrimonial dispute between
petitioner no.1 and respondent no.2 herein who are
husband and wife. The parties have reached a settlement
which is evidenced by the Deed of Divorce by Khula
(Talaq) dated 4th August, 2017. The said deed of divorce
has been executed before the Notary Public, R.R. Sharma,
Advocate High Court and Notary Government of India and
bears the Notarial Registration No. 3286/2017 dated 4th
August, 2017. The terms mentioned in the said deed of
divorce are self-explanatory. The First Informant i.e.
respondent no.2 herein has also filed her Affidavit dated
14th August, 2017. In the context of the relief sought,
paragraphs-4 and 9 of the said Affidavit are material and
are reproduced hereunder :-
"4. I say that after registration of the said
F.I.R. sincere efforts for reconciliation were made
by elders of both families but despite their best
efforts, the matrimonial disputes and
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Wednesday, 16.8.2017
misunderstanding between me and the Applicant
no.1 are not resolved, and the Applicant No.1 and
myself are residing separately. However, in
pursuance to the said efforts, I have settled my
grievances out of court, and accordingly a Deed of
Divorce (Khula Talak) was executed between me
and the Applicant No.1, whereby I have agreed
inter-alia not to pursue the said FIR lodged by me
at Nagpada Police Station on 31.05.2017 being
C.R. No. 217/2017."
AND
"9. I therefore pray that the above Criminal
Application be allowed in terms of prayer clause
(a) and this Hon'ble Court be pleased to quash the
FIR registered by me at Nagpada Police Station
being C.R. No. 217/2017 on 31.05.2017 for
offences punishable u/s 498(A), 406, 315 r/w 34 of
I.P.C."
Solemnly affirmed at Bombay )
This 14th day of August 2017 ) Respondent No.2
BEFORE ME
Z.H. BURUD
ADVOCATE & NOTARY GOVT. OF INDIA
Shop No.1, Vrajilal Kababhai Bldg.,
30, Wanjawadi, Mahim(W), Mumbai-16
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Wednesday, 16.8.2017
2. The Deed of Divorce and the Affidavit-in-reply
filed by respondent no.2 further disclose that now no
dispute remains between the parties.
3. In the light of the judgments of the Apex Court
in the case of Gian Singh v/s. State of Punjab, reported
in (2012) 10 SCC 303 and Narinder Singh V/s. State
of Punjab, reported in (2014) 6 SCC 466 , no useful
purpose would be served by keeping the proceedings pending.
Hence, there is now no impediment in quashing the
proceedings, the above application is accordingly allowed
and made absolute in terms of prayer clause (a). The
application stands disposed of.
(SANDEEP K. SHINDE, J) (R.M. SAVANT, J)
