Amber Patel vs The State Of Maharashtra And Anr
2018 Latest Caselaw 512 Bom

                                                                                    13. cri wp 140-18.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL WRIT PETITION NO. 140 OF 2018


            Amber Patel                                                    .. Petitioner

                                  Versus
            The State of Maharashtra & Anr.                                .. Respondents

                                                   ...................
            Appearances
            Mrs. Amber Patel Petitioner-in-Person 
            Mr. Arfan Sait   APP for the State
                                                    ...................



                              CORAM        : SMT. V.K. TAHILRAMANI, Acting C.J. &
                                               M.S. KARNIK, J.

DATE : JANUARY 16, 2018.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

1. Leave to amend. Amendment to be carried out

forthwith.

2. Rule. Rule is made returnable forthwith and the matter

is heard finally by consent of the parties.

3. The petitioner is seeking quashing of FIR No. 258/2016

of Agripada Police Station, Mumbai and the proceedings

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13. cri wp 140-18.doc

relating thereto. The said FIR is under Sections 323, 324 and

504 of IPC and Section 23 of the Juvenile Justice (Care &

Protection of Children) Act, 2015. The said case is pending

before the learned 46th M.M. Court, Sewree, Mumbai.

4. The petitioner-original accused and respondent No. 2

who is the complainant as well as the son of the petitioner

are present before this Court. We have heard the petitioner,

respondent No. 2 and learned APP for the State. Respondent

No. 2 - complainant has filed affidavit before us. The said

affidavit is taken on record and marked "X" for identification.

In the affidavit, it is stated that it was a family dispute and

now the matter has been amicably settled between him and

his mother and he has no objection if the Court quashes the

FIR and the proceedings relating thereto. The petitioner also

states that on account of the settlement between the parties,

the FIR and the proceedings relating thereto be quashed.

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                                                             13. cri wp 140-18.doc

5. Reliance is placed on the decision of the Supreme Court

in the case of Narinder Singh & Ors. Vs. State of Punjab

& Anr.1. Reliance was more specifically placed on

paragraph 29 of the said decision. It is pointed out that the

said case which was before the Supreme Court was a case

under Section 307 of IPC and in view of the settlement

between the parties, the case came to be quashed.

6. Looking to the fact that the matter has been amicably

settled between the parties and looking to the fact that the

complainant does not want to pursue the case, we are of the

opinion that no purpose would be achieved by continuing

with the prosecution in the said case. In this view of the

matter, FIR No. 258/2016 of Agripada Police Station and the

proceedings relating thereto are quashed.

7. Rule is made absolute in the above terms.

[ M.S. KARNIK, J ]                    [ ACTING CHIEF JUSTICE ]

1 (2014) 6 SCC 466

jfoanz vkacsjdj                                                         3 of 3