Bombay High Court
Martin Ashok Joshua And Ors vs The State Of Maharashtra And Anr on 6 August, 2021
Bench: S.S. Shinde, N. J. Jamadar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2481 OF 2021
Martin Ashok Joshua & Ors. ...Petitioners
Versus
The State of Maharashtra & Anr. ...Respondents
...
Mr. Aalekh Wagh i/by. Rohini Wagh, Priyanka Tiwari for Petitioners.
Ms. Bhagwati D. Karnik for Respondent No 2.
Mr. V.B. Konde-Deshmukh, APP for State.
Respondent No. 2 is present through video conferencing.
...
CORAM : S. S. SHINDE &
N. J. JAMADAR, JJ.
DATE : 6th AUGUST, 2021.
ORAL JUDGMENT [PER S. S. SHINDE, J.]:
1. Rule. Rule made returnable forthwith and heard with the
consent of learned counsel appearing for the parties.
2. Learned counsel for the petitioners and 2 nd respondent
jointly submit that the parties have amicably settled the dispute.
The Respondent No. 2 has filed the affidavit along with deed of
settlement/agreement. The said deed of settlement is signed by the
Petitioner No. 1 and Respondent No. 2.
Bhagyawant Punde
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3. The parties are identified by their respective advocates.
The 2nd respondent is present before this Court through video
conferencing. We have interacted with her. She stated that it is her
voluntary act to enter into such settlement and give consent for
quashing the impugned FIR. She has also stated about deed of
settlement and the fact that the proceedings are pending before the
District Court, Thane.
4. Paragraphs 2 to 5 of the affidavit filed by the 2 nd
respondent read as under:-
2. I say that, after that we
approached each other to settle the
marital issue between us amicably
and peacefully. At that time, I had
been put to knowledge by the
Petitioner no 1 about this Criminal
Writ Petition filed by him for
quashing of FIR filed by me.
Further, we filed a mutual consent
divorce on 16/6/2021 as per
section 10-A of The Indian
Marriage Act before District Court
Thane at Thane bearing MP no
56/2021 also myself and Petitioner
no 1 have entered a Deed of
settlement/Agreement signed by
us in presence of our respective
advocates as on 16/6/2021.
Hereto annexed and marked as
Exh.A.
3. I am filing the copy of the
Divorce Petition MP no 56/2021
filed under section 10-A of The
Indian Divorce Act for mutual
Bhagyawant Punde
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consent divorce filed before District
Judge, Civil, Thane. Hereto
annexed and marked as Exh
Other than the FIR complaint and
MP 56/2021 pending before the
District Judge Civil, Thane no
other case of complaint and or
petition is pending between us
before any court of law.
4. I say that I have withdrawn
all allegations as imposed against
the Petitioners in my FIR.
5. I have no objection and
express my free consent to this
Hon'ble Court and that this
Hon'ble Court may quash this FIR
no 127/2020 if this Hon'ble Court
deems fit and proper.
5. Since the 2nd respondent has no objection for quashing
the impugned FIR in view of settlement arrived between the parties,
no fruitful purpose will be served by continuing the further
investigation of FIR No. 127/2020 registered with Vashi Police
Station, for the offences punishable under Section 377, 498(A), 406,
223, 504, 506, 34 of Indian Penal Code.
6. The Supreme Court in the case of Giansingh v. State of
Punjab and Another1 has held that, the criminal cases having
overwhelmingly and predominatingly civil flavour stand on a
different footing for the purposes of quashing, particularly the
offences arising from commercial, financial, mercantile, civil,
partnership or such like transactions or the offence arising out of
1 2012 (10) SCC 303
Bhagyawant Punde
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matrimony relating to dowry, etc. or the family disputes where the
wrong is basically private or personal in nature and the parties have
resolved their entire dispute. In this category of cases, the High
Court may quash the criminal proceedings if in its view, because of
the compromise between the offender and the victim, the possibility
of conviction is remote and bleak and continuation of the criminal
case would put the accused to great oppression and prejudice and
extreme injustice would be caused to him by not quashing the
criminal case despite full and complete settlement and compromise
with the victim. It is further held that, as inherent power is of wide
plenitude with no statutory limitation but it has to be exercised in
accord with the guideline engrafted in such power viz.: (I) to secure
the ends of justice, or (ii) to prevent abuse of the process of any
court.
7. In the light of discussion in foregoing paragraphs, to
secure the ends of justice and prevent the abuse of the process of
the Court, the petition deserves to be allowed. Accordingly, the writ
petition is allowed in terms of prayer clause (b), which reads as
under:-
(b)That this Hon'ble Court may pass
appropriate order and quash the FIR
127/2020 filed by Vashi Police Station
377, 498(A), 406, 223, 504, 506, 34
Indian Penal Code.
Bhagyawant Punde
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8. Rule is made absolute to above extent. The writ petition
stands disposed of.
9. Parties are directed to extend full co-operation for early
disposal of pending proceedings before the District Court at Thane.
10. Parties shall strictly abide by the terms of settlement
which are mentioned in the deed of settlement/agreement.
11. The District Court, Thane shall expedite the pending
proceedings and dispose of the same, preferably on the next date.
12. Liberty to the Petitioner No. 1 to apply for police
clearance certificate on the basis of order passed today. The
concerned police officer to consider the same and take the
appropriate decision.
13. Parties to act upon an authenticated copy of this order.
( N. J. JAMADAR, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
