Bombay High Court
Ravindra Kakasaheb Waghmare And ... vs The State Of Maharashtra And Anr on 5 August, 2021
Bench: S.S. Shinde, N. J. Jamadar
CRIWP150-2018+.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 150 OF 2018
1. Ravindra Kakasaheb Waghmare
Aged 33 years, Occu. Service
2. Saroja Kakasaheb Waghmare
Aged 53 years, Occu. Housewife
3. Kakasaheb Waghmare
Aged 64 years, Occu. Retired
4. Rakesh Kakasaheb Waghmare
Aged 28 years, Occu. Service
All currently residing at A-204,
Shrisharanam CHS, Patalipada, Thane
(West). ...Petitioners
Versus
1. State of Maharashtra through
Khadakpada Police Station, Through
Public Prosecutor.
2. Mrs. Jyoti Ravindra Waghmare
Aged 28 years, Occu. Housewife,
Residing at Mangesh Shrushti CHS, B-
wing, Room No.905, Near Vasant Park,
Vasant Valley Road, Khadakpada, ...Respondents
Kalyan, Thane.
WITH
WRIT PETITION NO.2302 OF 2018
Rachana Apraj Suryawanshi
12/A, Sulashi Society, Near Chaitanya
Health Club, Rambagh Colony, Anand
Nagar, Kothrud, Pune.
...Petitioner
Versus
1. State of Maharashtra through
Khadakpada Police Station, Through
Public Prosecutor.
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2. Mrs. Jyoti Ravindra Waghmare
Aged 28 years, Occu. Housewife,
Residing at Mangesh Shrushti CHS, B-
wing, Room No.905, Near Vasant Park,
Vasant Valley Road, Khadakpada,
Kalyan, Thane. ...Respondents
Mr. Amar Gharte, i/b Ms. Shruti More, for the Petitioner in
both petitions.
Mrs. S. D. Shinde, APP for the State/Respondent.
Mr. Rahul P. Raut, for Respondent no.2.
CORAM: S. S. SHINDE &
N. J. JAMADAR, JJ.
DATED: 5th AUGUST, 2021.
JUDGMENT:- PER : N. J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and, with the
consent of the Counsels for the parties, heard fnally.
2. These petitions are fled to quash and set aside the FIR
bearing CR No.326 of 2017, registered at Khadakpada Police
Station, Kalyan, District Thane for the offences punishable
under Sections 498-A, 323, 406, 504 read with 34 of the Indian
Penal Code, 1860, ("the Penal Code") lodged by Mrs. Jyoti
Waghmare - respondent no.2, and the consequential
proceedings.
3. The marriage of Mr. Ravindra - petitioner no.1 in Writ
Petition No. 150 of 2018 and Mrs. Jyoti - respondent no.2, was
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solemnized on 22nd February, 2015. The petitioner nos.2 to 4 in
Writ Petition No.150/2018 and the petitioner in Writ Petition
No.2302/2018 are the relatives of Mr. Ravindra.
4. The marital life of Mr. Ravindra and Mrs. Jyoti
was afficted with discord. Eventually Mrs. Jyoti lodged a report
against the petitioners with Khadakpada Police Station leading
to registration of CR No.326 of 2017, for the offences punishable
under Sections 498-A, 323, 406, 504 read with 34 of the Penal
Code.
5. Mr. Gharte, the learned Counsel for the petitioners and
Mr. Raut, the learned Counsel for respondent no.2 - Mrs. Jyoti,
in both the petitions, make a joint statement that during the
pendency of the petitions, the marital discord has been resolved.
Petitioner no.1 Ravindra and respondent no.2 - Mrs. Jyoti have
resumed cohabitation. Respondent no.2 has fled an affdavit.
6. Mr. Ravindra and Mrs. Jyoti appeared before this Court.
We have interacted with them. Mrs. Jyoti - the frst informant,
respondent no.2 in both the petitions, informed the Court that
during the pendency of these petitions, with the intervention of
elders and well-wishers, the matrimonial dispute has been
amicably resolved. She and Mr. Ravindra have been cohabiting
together since one year.
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7. Respondent no.2 submitted that she has sworn an
affdavit on her own volition. Paragraphs 2 to 4 of the affdavit
read as under:
"2. I say that, myself and petitioners have settled the
dispute between us amicably and we are staying together
from last 1 year. I say that as we are living happily together, I
have also withdrawn the Application under Domestic
Violence fled by myself against my husband and in-laws.
Hereto annexed and marked as Exhibit-A is the copy of order
dated 15/02/2020 passed by Ld. Judicial Magistrate First
Class, Kalyan.
3. I say that in these circumstances I have no objection to
grant the relief sought by applicants herein in present
Criminal Writ Petition. I say that I have no objection to
quash and set aside C.R.No.326 of 2017 dated 30/10/2017
registered with Khadakpada Police station.
4. I say that in view of the above settlement, if in case in
future any complaint/dispute arise pertaining to the said
F.I.R. No.326 of 2017, I say and submit that I shall fully co-
operative with the accused and will gave no-objection to
withdraw the same."
8. In view of the fact that the petitioner no.1 Ravindra and
respondent no.2 have resolved the dispute and resumed the
cohabitation, no fruitful purpose would be served in continuing
the prosecution. As the cohabitation is restored, continuation
of the prosecution would be counter productive. In any event,
respondent no.2 Mrs. Jyoti would not support the prosecution
and, resultantly, the likelihood of the prosecution ending in a
conviction is extremely remote. In this backdrop, the
continuation of the prosecution would put unnecessary burden
on the criminal justice system.
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9. Since the petitioner no.1 Ravindra and respondent no.2
Jyoti have appeared before the Court together and made a joint
statement that they have put an end to marital discord and have
been cohabiting since last one year, in our view, it would be
expedient to quash the prosecution to secure the ends of justice
and prevent the abuse of the process of the Court. Lest, not
only the petitioners but respondent no.2 would suffer a grave
prejudice.
10. Hence, the following order:
: ORDER :
(i) The petitions stand allowed.
(ii) FIR No.326 of 2017, registered at Khadakpada Police
Station, Kalyan, District Thane, and all
consequential proceedings, arising therefrom stand
quashed and set aside.
Rule made absolute in aforesaid terms.
[N. J. JAMADAR, J.] [S. S. SHINDE, J.]
