Bombay High Court
Rajesh Maruti Shelar And Ors vs The State Of Maharashtra And Ors on 16 August, 2017
Bench: R.M. Savant
Rane * 1/4 * WP-2870-2017 (SR.48)
Wednesday, 16.8.2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2870 OF 2017
Rajesh Maruti Shelar & Ors. ....Petitioners
V/s.
The State of Maharashtra & Ors. ....Respondents
*****
Ms. Shabnam Latiwala, Advocate for the petitioners.
Mrs. M.H. Mhatre, APP for respondent no.1, State.
Mr. Mikdad A. Zummerwala, Advocate for respondent
no.3.
CORAM :- R.M. SAVANT &
SANDEEP K. SHINDE, JJ.
DATE :- 16TH AUGUST, 2017.
P.C. :-
1. By the above petition, the petitioner seeks
quashing of the proceedings being C.C. No. 320/PW/2017
pending before the Learned Additional Chief Metropolitan
Magistrate, 73rd Court, Vikhroli, Mumbai. The said case is
arising out of C.R. No.101 of 2015 registered with the
Pant Nagar Police Station, Ghatkopar for the offences
punishable under Sections 498A, 354, 406, 323, 504, 506
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Wednesday, 16.8.2017
(II) read with Section 34 of the Indian Penal Code. The
said FIR has arisen out of the matrimonial dispute
between petitioner no.1 and respondent no.3 who were
husband and wife. Petitioner no.1 had filed a petition for
divorce in the Family Court being Petition No. A-
3057/2015 for divorce on the ground of cruelty. In the
said petition, the parties were referred to mediation, as a
result of which, the parties amicably resolved their
dispute which was translated into consent terms for
divorce between the parties which were arrived at before
the Mediator. The said consent terms for divorce are
dated 6th June, 2017. The first informant i.e. respondent
no.3, wife has filed an Affidavit dated 19 th July, 2017
which is annexed to the above petition as Exhibit-D.
Insofar as, consent terms are concerned, para-6 of the
consent terms is material and is reproduced hereunder :-
"6. In view of above settlement, respondent-
wife agreed to withdraw all her criminal
complaints/cases filed against the petitioner
and/or his family members, as agreed."
2. Insofar as, Affidavit is concerned, paras-4 and
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Wednesday, 16.8.2017
5 of the said Affidavit are material and are reproduced
hereunder :-
"4. I say that I have now settled the matter
with Petitioner and wish to withdraw all the
allegations leveled by me against the
Petitioners.
5. I say that I have now settled my dispute
amicably with the Petitioners and have no
grievance against the Petitioners who are
named in C.R. No.101/2015 registered at my
instance by Pant Nagar Police Station and case
No. 320/PW/2017 pursuant thereto. I say that I
have executed the consent terms in family court
in Petition No.A-3057/2015 on 06.06.2017,
before the Hon'ble Family Court Judge."
3. In view of the consent terms and the said
Affidavit, it can be concluded that the parties have settled
their dispute amicably. Respondent no.3 is personally
present in the Court. She is identified by the Learned
Counsel Mr. Zummerwala appearing for her and she is
also identified by her Aadhar Card bearing No. 8781 2597
4634. When put in the box and queried, the respondent
no.3 states that she has filed the said Affidavit dated 19 th
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Wednesday, 16.8.2017
July, 2017 and that the signature on the said Affidavit is
hers. The same has been done by her in view of the
consent terms arrived at between the parties.
4. In view of the aforesaid and in view of 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.
There is, now no impediment in quashing the proceedings.
Hence, the petition is allowed and made absolute in terms
of prayer clause (a).
5. Respondent no.3 also states that, she is waiving
the payment of Rs.1,00,000/- which was to be paid by
petitioner no.1 to her.
(SANDEEP K. SHINDE, J) (R.M. SAVANT, J)
