Bombay High Court
Vikas Sheshkant Mishra And Ors vs The State Of Maharashtra And Anr on 26 February, 2021
Bench: S.S. Shinde, Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.881 OF 2020
1. Vikas Sheshkant Mishra ]
2. Sheshkant Vijaynath Mishra ]
3. Rohit Sheshkant Mishra ]
4. Gayatri Sheshkant Mishra ]
All residing at C/29, Ramniwas ]
Chawl, Vaibhav Nagar, Janupada, ]
Thakur Village, Kandivali (E), ]
Mumbai - 400 101. ] ... Petitioners
Versus
1. The State of Maharashtra ]
2. Sandhya Vikas Mishra ]
R/at., C/29, Ramniwas Chawl, ]
Vaibhav Nagar, Janupada, Thakur ]
Village, Kandivali (E), Mumbai - ]
400 101. ] .... Respondents
...
Mr. Vinod Utekar i/b Mr. A.S. Deshpande for the petitioners.
Mr. Ashish R. Dand for respondent No.2.
Mr. J.P. Yagnik, A.P.P. for respondent-State.
Respondent No.2 is present in the court.
...
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CORAM: S.S. SHINDE &
MANISH PITALE, JJ.
DATED : 26TH FEBRUARY, 2021.
ORAL JUDGMENT:- [S.S. Shinde, J.]
1. Rule. Rule made returnable forthwith. With the consent of
learned counsel appearing for the parties, heard finally.
2. Learned counsel appearing for the petitioners and
respondent No.2 jointly submit that, the parties have amicably
settled the dispute. Learned counsel for respondent No.2 has
tendered across bar an affidavit of respondent No.2. The same is
taken on record. Paragraph Nos.2 to 5 of the said affidavit in
reply filed by respondent No.2 read as follows:
"2. I say that, it is true and correct that, the
Petitioners and myself amicably settled the disputes
and misunderstanding against each other and since
September 2019, I am happily residing with my
husband Shri Vikas Sheshkant Mishra. I say that at
the relevant time in anger and misunderstanding I
have lodged the aforesaid complaint against the
Petitioner. However, later on, we have resolved the
dispute and cleared all the misunderstandings.
3. I say that, I don't have any grievance against
Petitioners and therefore has no any objection to
withdraw and end the proceedings against the
Petitioners. I say that, from the betterment of future
life and to happily reside with the Petitioners I also
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pray to this Hon'ble Court to quash the criminal
complaint and proceedings filed by me against the
Petitioners on the grounds of amicable settlement
and resolution of disputes.
4. I say that, I on my own voluntarily and without
any coercion, I giving my consent to quash the
proceedings. I say that, I do not wish to continue
proceedings arising out of FIR No.845/2018 lodged
with Dahisar police station. I say that the
investigation into the case is still pending and
therefore no prejudice will be caused to any one if
the complaint proceedings are quashed.
5. I hereby confirm that, whatever in the present
affidavit is true and correct to the best of my
knowledge and belief. I am filing this affidavit
supporting the petition for quashing of FIR and
consequential proceedings and thus hereby humbly
pray to allow the said petition, in the interest of
justice."
3. It is informed by learned counsel appearing for the parties
that petitioner No.1 and respondent No.2 are staying together
from September, 2019. Petitioner No.1 and respondent No.2 are
present before this court. They have been identified by their
respective lawyers. We have interacted with petitioner No.1 and
respondent No.2. Respondent No.2 has stated that it is her
voluntary act to give consent for quashing the impugned FIR.
She has further stated that since re-union, there is no any
untoward incident and she is happily staying with the petitioners.
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4. Upon hearing learned counsel appearing for the parties and
in view of the fact that respondent No.2 has voluntarily, without
any coercion, amicably settled the dispute with the petitioners
and is staying together from September, 2019 and that,
respondent No.2 has voluntarily supported the prayer of the
petitioner for quashing the impugned FIR, the petition deserves
to be allowed.
5. The Supreme Court in the case of Gian Singh v. State of
Punjab & Anr.1 has held that the criminal cases having
overwhelmingly and predominately 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 offences 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 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
1 (2012) 10 SCC 303
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settlement and compromise with the victim. It has also held that
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.
6. Having regard to the amicable settlement arrived at
between the parties and in view of the affidavit filed by
respondent No.2, we are of the opinion that the chance of
conviction of the petitioners is bleak and remote and, therefore,
the continuation of further proceedings arising out of the said
FIR would be an exercise in futility and would tantamount to
abuse of process of the court.
7. In the light of the discussions in the foregoing paragraphs
and in order to secure the ends of justice and to prevent the abuse
of the process of the court, we are inclined to allow this petition.
Accordingly, the petition is allowed in terms of prayer clause (a),
which reads as under:
"a) This Hon'ble Court be pleased to issue Writ of
Certiorari or a Writ in the nature of Certiorari or
any other Writ, order direction to there by calling
for the records and proceedings of CR No.845 of
2015 registered with Dahisar Police Station, filed
under u/s. 498, 406, 323, 504, 506 r/w 34
Indian Penal code dated 08th December, 2018 and
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after examining the legality, validity and propriety
thereof the CR No.485 of 2015 registered with
Dahisar Police Station, filed under u/s 498, 406,
323, 504, 506 r/w. 34 Indian Penal code dated
08th December, 2018; quashed & set aside."
12. Rule is made absolute in the above terms.
13. The petition stands disposed of accordingly.
(MANISH PITALE, J.) (S.S. SHINDE, J.)
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