Bombay High Court
Anish Ganpat Ghadi And Ors vs The State Of Maharashtra And Anr on 4 February, 2021
Bench: S.S. Shinde, Manish Pitale
Digitally signed
Laxmikant by Laxmikant G.
Chandan
G. Date:
Chandan 2021.02.05
cri.wp-3757.18-aw-appw-45.19.odt
12:02:53 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3757 OF 2018
ALONG WITH
CRIMINAL APPLICATION NO.45 OF 2019
IN
CRIMINAL WRIT PETITION NO.3757 OF 2018
1] Anish Ganpat Ghadi ]
Age-31 Years, Occu-Service ]
]
2] Maithili Ganpat Ghadi ]
Age-54 Years, Occu- House wife ]
]
3] Ganpat Narayan Ghadi ]
Age - 66 Years, Occu -Retired. ]
]
4] Chaitrali Ganpat Ghadi ]
Age - 27 Years, Occu - Retired ]
]
All Residing Act : ]
5, Ameykrupa CHS Ltd. ]
Jodhali Baug, Near Makhamali Talav ]...... Petitioners/Applicants
Old Mumbai Agra Road, ](Ori. Accused Nos.1 to 4)
Thane 400 601 ]
versus
1] The State of Maharashtra ]
(Through the Officer-In-Charge ]
Mumbra Police Station, ]
Dist. Thane ]
]
2] Mrs. Asmita Anish Ghadi ]
Age - 28 years, occu : Service ]
Residing at : ]
C/o Shri Sonu Bhadu Ghadigaonkar ]
Sidhivinayak Nagar, Phase No.1, ]
Chawl No.4, Room No.8, ]
Diva Aagasan Road, Diva (E), ]
Dist : Thane ]
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Office Address :- ].... Respondents.
M/s. Waman Hari Pethe Jewellers, ] (Respondent No.2/
Dadar Branch, Mumbai ] First Informant)
Mr. Raju M Yamgar for the Petitioners/Applicants.
Smt. A S Pai, APP for the Respondent/State.
Mr. Shyamrishi R Pathaka for Respondent No.2.
Respondent No.2 - Mrs. Asmita Anish Ghadi present.
CORAM : S. S. SHINDE,
MANISH PITALE, JJ
Reserved on : 03rd February 2021
Pronounced on : 04th February 2021
JUDGMENT :- (PER S. S. SHINDE, J)
1 Rule. Rule made returnable forthwith and heard finally with the
consent of learned counsel appearing for the parties.
2 It is jointly submitted by the learned counsel appearing for the
Petitioners and the Respondent No.1 that the Petitioners and the Respondent
No.1 have amicably settled the dispute. It is also submitted that the consent
terms for divorce by mutual consent arrived at between the Petitioner No.1 and
Respondent No.2 have been filed before the Family Court, Thane. It is
submitted that for better future prospects, with the intervention of their
mutual well wishers and family members/friends, they decided to settle the
dispute amicably.
3 Respondent No.2 is present before this Court. She has been
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identified by her advocate. When we interacted with her, she has stated that it
is her voluntary act without coercion to enter into the settlement and file the
consent terms for divorce before the Family Court, Thane. She further stated
that she has no objection for quashing the impugned FIR.
4 In support of the aforesaid statements, the 2 nd Respondent has
filed the affidavit of consent before this Court. The said affidavit is taken on
record. In paragraphs2, 3 and 4 of her affidavit, the 2 nd Respondent stated
thus:-
"2 I say that, due to the intervention of our mutual well
wishers, family members, friends and relatives and
pursuant to various meetings/discussions held between
both the parties, we have amicably reached on
settlement terms pertaining to the disputes and issues
pending between both the parties. I say that we have
executed consent terms dated 19/12/2020 (hereinafter
referred to as the "said Consent Terms") and filed the
same before Hon'ble Family Court, Thane. Hereto
annexed and marked as "EXHIBIT R1" is a copy of
Consent Terms dated 19/12/2020 be treated as forming
an integral part of this affidavit as if the same is
reproduced herein verbatim."
3 I say that, in view of the amicable settlement of disputes
between the Parties and in furtherance of the said
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Consent Terms and also for the better future prospects of
both the parties, I do not desire to pursue the present
prosecution against the Petitioners and therefore, I have
no objection for allowing the prayers of the Petitioners in
the present Petition and hereby give consent for quashing
Regular Criminal Case No.2836 of 2019 pending on the
file of Hon'ble J.M.F.C. Thane arising out of FIR
registered with Mumbra Police Station vide C R No.177
of 2018 for the offences u/s. 498(A), 504, 506 r/w 34 of
the Indian Penal Code, 1860.
4 I say that I am filing the present affidavit without any
pressure, force, coercion and threats and have further
settled the present matrimonial dispute with the
petitioners herein vide the said Consent Terms dated
19/12/2020."
5 Since the Petitioners and the 1 st Respondent have amicably settled
the dispute and the said dispute arose out of matrimonial discord, and in view
of the fact that the Petitioner No.1 and the 2nd Respondent have already filed
consent terms dated 19/12/2020 for mutual divorce before the Family Court at
Thane, no fruitful purpose will be served by continuing the further
investigation in respect of FIR being C.R. No.I-177 of 2018 registered with
Mumbra Police Station, Dist. Thane for the offences punishable under Sections
498(A), 504, 506 r/w 34 of the Indian Penal Code.
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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 matrimony relating to dowry, etc. or the family disputes where the wrong is
basically private or personal in nature and the parties have resolves 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, it is abundantly
clear that the Respondent No. 2 is not going to support the allegations made in
the impugned FIR and further continuation of investigation in the impugned
FIR would tantamount to the abuse of the process of the Law/Court. Since the
1 2012 (10) SCC 303
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Respondent No. 2 is not going to support the allegations made in the impugned
FIR the chances of conviction of the Petitioners would be remote and bleak.
The entire dispute arose out of matrimonial discord. In that view of the matter,
the Writ Petition deserves to be allowed. Accordingly, the Writ Petition is
allowed in terms of prayer clause (a) which reads thus:-
(a) This Hon'ble Court be pleased to issue a writ of
certiorari or a writ in the nature of certiorari or any
other appropriate Writ, order or direction under Article
226 of the Constitution of India calling for the Records &
Proceedings pertaining to the Petitioners case and after
going into the validity and legality thereof to quash and
set aside the First Information Report being C.R. No.I-
177 of 2018 registered with Mumbai Police Station, Dist
- Thane u/s. 498(A), 504, 506 r/w 34 of Indian Penal
Code.
8 Rule is made absolute to above extent and, the Writ Petition stands
disposed of accordingly. The parties shall strictly abide by the consent terms
and extend full cooperation to the Family Court, Thane for early disposal of the
proceedings.
9 In so far as the Criminal Application No.45 of 2019 is concerned,
the same has been filed by the Petitioners/Applicants for amendment of the
present Writ Petition in terms of Schedule-A annexed to the Application. In
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view of the disposal of the present Writ Petition, the Criminal Application
No.45 of 2019 does not survive and the same to stand disposed of accordingly
as such.
[MANISH PITALE, J] [S. S. SHINDE , J]
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