Paritosh Akhilesh Chaube And Ors vs Ashmi Paritosh Chaube And Anr
2021 Latest Caselaw 3658 Bom

Sherla V.


                                                                  5_apl.49.2020.doc


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE SIDE

                       CRIMINAL APPLICATION NO.49 OF 2020

            1. Shri Paritosh Akhilesh Chaube
            2. Shri Akhilesh Sarayu Prasad Chaube                ... Applicants
            3. Smt.Shradha Akhilesh Chaube
                      Vs.
            1. Ashmi Paritosh Chaube
                                                              ... Respondents
            2. State of Maharashtra



            Mr.Ashok Mishra i/b Solicis Lex for the Applicant
            Mr.J.P. Yagnik, APP, for Respondent - State
            Mr.Paritosh Chaube, Petitioner No.1 and Ms.Ashmi P. Chaube,
            Respondent No.1 - present through Video Conferencing


                                    CORAM: S.S. SHINDE &
                                           MANISH PITALE, JJ.

DATED: FEBRUARY 26, 2021

ORAL JUDGMENT (PER MANISH PITALE, J.):

1. Rule. Rule made returnable forthwith with the consent of the

learned Counsel appearing for the parties and heard finally at the

stage of admission.

2. This is an Application filed under section 482 of the Code of

Criminal Procedure seeking quashing of chargesheet and First

Information Report No.77/2017 registered with Govandi Police

5_apl.49.2020.doc

Station for the offences punishable under sections 498-A and 406

read with section 34 of the Indian Penal Code.

3. Respondent No.1 (original complainant) has given consent

for quashing the aforesaid First Information Report and the

chargesheet. It is pointed out that since the dispute between the

Applicants and Respondent No.1 has been amicably settled,

consent terms were already filed on 20 th December, 2019 before

the Family Court at Bandra. Additionally, an affidavit has been

filed by Respondent No.1 before this Court in the present

Application, the relevant portion of which reads as under:

"1. I say that I am the Respondent No.1 in the above matter and I am fully aware of the facts and circumstances of the present matter.

2. I say that I was the wife of Petitioner No.1 and due to various matrimonial issues and differences between us. I had registered an F.I.R. bearing C.R. No.77 of 2017 u/s 498(A), 406 and 34 of IPC with Govandi Police Station against the Petitioners.

3. I say that out of the said F.I.R. a Charge sheet is filed before 57th M.M. Court at Kurla which is numbered as 1291/PW/2018.

4. I say that after a long legal battle for the last 3 years with the intervention of friends, family and well-wishers I and the Petitioner no.1, we have arrived at an amicable settlement and have decided to mutually part ways and lead a peaceful life.

5_apl.49.2020.doc

5. I say that accordingly I along with Petitioner No.1 had applied for mutual consent divorce under section 13B of the Hindu Marriage Act, 1955 before the Hon'ble Family Court at Bandra, Mumbai, which was allowed by Ld.Judge P.L. Palsingankar presided at Family court No.2 by its order dated 20th December, 2019 and accordingly divorce was granted in Petition No.A-1078 of 2017. Wherein I along with Petitioner No.1 have entered into terms of settlement before the Hon'ble Family Court at Bandra, Mumbai and I and the Petitioner No.1 have entered into terms of settlement before the Hon'ble Family Court at Bandra, Mumbai and I and the Petitioner no.1 have amicably decided to withdraw all allegations and cases filed against each other. Accordingly, I am filing this affidavit and giving my No Objection to quash/set aside the proceedings pending before the 57 th Court of Metropolitan Magistrate at Kurla which is registered as Case No.1291/PW/2018 in C.R. No.77 of 2017 qua the Petitioners.

6. I say that the present affidavit be also considered as my No Objection to quash Case No.1291/PW/2018 in C.R. No.77 of 2017.

7. I say that, I have signed this present Affidavit after consulting my lawyers and there is no force, fraud or coercion in signing this Affidavit."

4. From the contents of the aforesaid affidavit as also the

consent terms filed before the Family Court at Bandra, it is evident

that the dispute between the parties has now been settled. The

dispute arose out of matrimonial discord between Applicant No.1

and Respondent No.1, which appears to have been resolved.

5_apl.49.2020.doc

5. Respondent No.1 has personally joined the hearing through

Video Conferencing today. We have interacted with her and she

has stated that she has sworn the affidavit on her free will and

without any coercion.

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 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 settlement

and compromise with the victim. It is further held that as inherent 1 2012 (10) SCC 303

5_apl.49.2020.doc

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. Applying the ratio of the aforesaid judgment of the Hon'ble

Supreme Court in the facts of the present case, it becomes

evidence that this is a fit case for permitting quashing of the

impugned First Information Report, in view of the settlement

between the parties. It is evident that Respondent No.1 will not be

pursuing her allegations made against the Applicants and that the

further proceedings in pursuance of the said First Information

Report would be of no consequence.

8. In view of the above, the Application is allowed in terms of

prayer clauses (b) and (c), which read as under:

"(b) quash the F.I.R. bearing C.R. No.77/2017 U/S: 498-A, 406 read with. Section 34 of IPC registered on 25.04.2017 with Govandi Police Station.

(c) quash the criminal case bearing No.1291/PW/2018 pending before 57th Court of Metropolitan Magistrate at Kurla and subsequent proceeding emanating therefrom in view of the settlement/compromise between Petitioner No.1 and Respondent No.1".

5_apl.49.2020.doc

9. Rule made absolute accordingly. Criminal Application

stands disposed of.

             (MANISH PITALE, J.)                   (S.S. SHINDE, J.)



           Digitally
           signed by
           Vishwanath
Vishwanath S. Sherla
S. Sherla  Date:
           2021.03.01
           14:49:31
           +0530