Bombay High Court
Vishwas Vishwanath Acharekar vs The State Of Maharashtra And Anr on 18 March, 2021
Bench: S.S. Shinde, Manish Pitale
Digitally signed
Laxmikant by Laxmikant G.
Chandan
G. Date:
Chandan 2021.03.18
17:42:47 +0530 cri.wp-222.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.222 OF 2021
Vishwas Vishwanath Acharekar ]
Age - 33 years, Occ : Business ]
Residing at Lodha Palava, Kasa Rio Victoria ]
D, 7/705, Kalyan- Shil Road ]
In front of Nilange Station ]
Dombivli (East) - 421204. ]..... Petitioner.
Versus
1] State of Maharashtra ]
Through Colaba Police Station, ]
Mumbai. ]
]
2] Ms. Rajani Laxman Bhambore ]
Age : 29 years, occ : Student ]
Residing at 14/16, Rajubai Building ]
3rd Floor, Ganesh Lane, Colabawadi ]
Colaba, Mumbai 400 005 ]..... Respondents.
Mr. Karan Singh Rajput for the Petitioner.
Smt. A S Pai, APP for the Respondent No.1/State.
Mr. Amit Nalavade for Respondent No.2.
CORAM : S. S. SHINDE,
MANISH PITALE, JJ
Reserved on : 15th March 2021
Pronounced on : 18th March 2021
JUDGMENT :- (PER S. S. SHINDE, J)
1 Rule. Rule made returnable forthwith and heard with the consent
of the learned counsel for the parties.
2 By this Writ Petition the Petitioner seeks the following substantial
relief :-
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"(a) That this Hon'ble Court may be pleased to invoke
its writ jurisdiction under Article 226 of the Constitution
of India and inherent jurisdiction under Section 482
Cr.PC thereby quash and set aside the FIR bearing No.35
of 2018 registered with Colaba Police Station on 29th
March 2018 for offences punishable under Section
354(D), 504, 506 509 of IPC along with charge-sheet
filed before the Addl. Chief Metropolitan Magistrate, 8 th
Court, Esplanade, Mumbai."
3 The Petitioner herein is arraigned as an accused in the FIR bearing
No.35 of 2018 registered with Colaba Police Station on 29th March 2018 for the
offences punishable under Section 354(D), 504, 506 509 of the Indian Penal
Code at the instant of Respondent No.2 herein. The investigation in the said
FIR was progressed and the charge sheet came to be filed against the
Petitioner. It is the case of the Petitioner that in the year 2015 the 2 nd
Respondent had created her profile on the Shadi.com website for suitable
marriage proposal for herself. On 14 th January 2018, the 2nd Respondent i.e.
the first informant received a whatsapp message from the Petitioner.
Thereafter the Petitioner and the 2nd Respondent exchanged messages and
expressed their interest in each other and decided to meet at the residence of
the Petitioner. Accordingly the 2nd Respondent met with the Petitioner at his
residence, however, in the said meeting, the 2 nd Respondent did not like the
Petitioner and therefore left his house. Thereafter the Petitioner repeatedly
tried to contact the 2nd Respondent but she did not respond, therefore he
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informed her that he would be visiting her residence. Therefore the 2 nd
Respondent asked him to meet at Gateway of India. It is in the said meeting
the Petitioner alleged to have informed the 2 nd Respondent that he is in love
with her and if she did not accede to marry her he would commit suicide. It is
alleged that the 2nd Respondent tried to convince him. Thereafter she
intimated him that she wanted to pursue her education and has no intention to
marry. They continued to meet on several occasions. But on account of denial
on the part of Respondent No.2 to marry the Petitioner, the Petitioner
attempted to commit suicide by consuming phenyl. It is the case of the
Petitioner that there were exchange of words between them. It is alleged in the
said FIR that after the 2nd Respondent refused to marry the Petitioner, the
threats were given by the Petitioner to the 2 nd Respondent. According to the
Petitioner, this is a ground for registration of the present FIR.
4 It is submitted by the learned counsel appearing for the Petitioner
that the said FIR is an exaggerated version of the actual happenings of events.
The investigation has substantially progressed and the charge sheet also came
to be filed against the Petitioner. It is submitted that the Petitioner was in love
and got emotionally involved with the 2 nd Respondent and, thereafter the
Petitioner and the 2nd Respondent exchanged messages and expressed their
interest in each other. However, all of a sudden the 2 nd Respondent conveyed
her decision not to marry the Petitioner and therefore the Petitioner decided to
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commit suicide due to the rejection of the proposal of the Petitioner by the 2 nd
Respondent. The Petitioner was merely tried to convince the 2 nd Respondent
and during the said process there were exchange of words, and the Petitioner
has no intention to give threats to the 2 nd Respondent. It is further submitted
by the learned counsel for the Petitioner that in such circumstances the conduct
of the Petitioner was reasonable and justified, and therefore, the Petitioner did
not commit the offence of stalking which is punishable under Section 354D of
the Indian Penal Code.
5 The learned counsel appearing for the Petitioner submits that,
without entering upon the merits of the case, this Court may allow this Petition
on the basis of the settlement arrived at between the Petitioner and the 2 nd
Respondent. The learned counsel has tendered across the Bar the undertaking
on affidavit of the Petitioner. Same is taken on record and marked as "X" for
identification.
6 The learned counsel appearing for the 2nd Respondent submitted
that after registration of the impugned FIR, the 2 nd Respondent has got married
and leading a peaceful life with her husband. The Petitioner and the 2 nd
Respondent have not met each other at any time after registration of FIR. The
2nd Respondent is totally engrossed in her marital life, and therefore, she is
willing to give her consent for quashment of the said FIR as well as the charge-
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sheet.
7 With the able assistance of the learned counsel appearing for both
the parties, we have perused pleadings and the grounds taken in the Petition as
also the recitals of the impugned FIR.
8 The 2nd Respondent was present before this Court on 18/02/2021
when the matter was heard. She was identified by her advocate. Her advocate
handed over across the bar her affidavit. When we interacted with her, she
stated that she has filed her affidavit on her own will, without any coercion or
pressure. It is stated therein that she has no objection to the prayer of the
Petitioner being granted. In paragraphs 1 to 5 of the affidavit of consent, the
2nd Respondent has stated thus :-
"1 I am the First Informant in the FIR bearing No.35 of
2018 registered with Colaba Police Station on 29 th March
2018 for offences punishable under Sections 354D, 504,
506, 509 of IPC (hereinafter referred to as the "said
FIR"). The charge-sheet has also be filed in connection
with the said FIR.
2 I state that the sequence of events pertain to the month
of January-February 2018 when I was searching for a
suitable groom and came across the Petitioner through
an online portal called `Shadi.com'. The Petitioner
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behaved in an unusual and unruly manner with me,
during the said period, which antagonized me and my
family. It is in pursuance of the same, I had approached
the Colaba Police Station and got the said FIR registered.
3 I further state that subsequent to the registration of the
said FIR, I have got married and presently peacefully
leading my life with my husband. I do not wish to
continue with the criminal prosecution originated from
the said FIR and desires to get it quashed with my
consent.
4 I and the Petitioner have not met each other any time
after the registration of the said FIR and I am totally
engrossed in my marital life which aspect precipitates my
willingness to offer my consent for the quashment of the
said FIR as well as the Chargesheet.
5 I have no objection if the FIR in question along with its
charge-sheet is quashed by this Hon'ble Court on account
of my express consent to do the same. Thus, without
getting into the questions of fact pleaded in the
aforementioned Writ Petition, I beseech this Hon'ble
Court to be kind enough to terminate the entire
proceedings emanated through the said FIR."
9 The 2nd Respondent has also filed her additional affidavit of
consent wherein she has stated that she has lodged the impugned FIR with the
Colaba Police Station for the offences punishable under Sections 354D, 504,
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506 and 509 of the Indian Penal Code, and the charge sheet has also been filed
in connection with the said FIR. In addition to what has been stated by her in
the earlier affidavit dated 12/02/2021, the 2nd Respondent in paragraph No.3
of her additional affidavit of consent dated 3 rd March 2021 has stated that the
misunderstanding between them is cleared off now on account of which she
expresses her unequivocal consent to quash the present FIR . She further stated
therein that she has no objection if the FIR in question along with its charge-
sheet is quashed by this Hon'ble Court by dint of her express consent to do the
same.
10 Looking to the nature of allegations made against the Petitioner in
the impugned FIR, this Court by order dated 18/02/2021 directed the
Petitioner to place on record his undertaking on affidavit that he shall delete
the messages sent to respondent No.2 on WhatsApp and other social media
platforms forthwith, and that he shall not contact respondent No. 2 in future.
As stated herein above, accordingly the Petitioner has filed his affidavit of
undertaking dated 24/02/2021 before this Court. In paragraphs 1 to 3 of his
affidavit in undertaking, the Petitioner undertakes as under :-
"1 I am arraigned as an Accused in an FIR bearing No.35 of
2018 registered with Colaba Police Station on 29 th March
2018 for offences punishable under Sections 354D, 504,
506, 509 of IPC (hereinafter referred to as the "sai FIR").
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The charge-sheet has also been filed in connection with
the said FIR.
2 I had preferred the present Criminal Writ Petition seeking
to quash the said FIR and the consequential charge-
sheet. It is during the pendency of the present Peition,
the Respondent No.2 had filed her Affidavit of Consent
before this Hon'ble Courtr to further the cause of
quashing the criminal proceedings by mutual consent.
3 It is in these circumstances, I undertake to delete all the
messages sent to and received from the Respondent No.2
on whatsapp and/or other social media platforms. I also
undertake not to contact the Respondent No.2 anytime in
the future for any reason whatsoever. I shall not
establish any connection with the Respondent No.2 or
her husband so as to cause disturbance in their peaceful
matrimonial life."
11 The learned counsel appearing for both the parties submit that
both the parties have voluntarily agreed to settle the dispute and there is no
coercion, undue influence or force upon them for arriving at the settlement. It
is also submitted that both the parties have amicably resolved/settled the
dispute and decided to seek quashing of impugned FIR by this Writ Petition.
The 2nd Respondent has also filed the affidavit of consent as also the additional
affidavit of consent in support of the said settlement. By filing undertaking,
the Petitioner also undertakes to delete the messages sent to and received from
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the 2nd Respondent on whatsapp and/or other social medical platforms. He also
undertakes not to contact the Respondent No.2 anytime in the future for any
reason whatsoever.
12 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.
1 2012 (10) SCC 303
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13 In view of settlement arrived at between the parties, no fruitful
purpose will be served by continuing the further investigation in the FIR
bearing No.35 of 2018 registered with Colaba Police Station on 29 th March
2018 by the 2nd Respondent against the Petitioner for the offences punishable
under Section 354(D), 504, 506 and 509 of IPC and the further proceedings in
the charge-sheet filed before the Addl. Chief Metropolitan Magistrate, 8 th
Court, Esplanade, Mumbai."
14 In the light of discussion in foregoing paragraphs, it is abundantly
clear that Respondent No.2 is not going to support the allegations made
against the Petitioner in the impugned FIR. The further continuation of
proceedings pending before the concerned Court would tantamount to abuse
of the process of the Court, since the 2nd Respondent by way of filing her
affidavit of consent and additional affidavit of consent has clearly stated that,
she is not interested to pursue the allegations made in the impugned FIR and
would not participate in the pending proceedings before the concerned Court
and the chances of conviction of the Petitioner would be bleak and remote.
Importantly, the 2nd Respondent is married and leading her peaceful married
life and does not want disturbance in her future life.
15 For the reasons stated herein above, in order to secure the ends of
justice and to prevent further abuse of the process of the concerned court, the
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Writ Petition deserves to be allowed and accordingly the same is allowed in
terms of prayer clause (a). Rule is made absolute to the above extent and the
Criminal Writ Petition stands disposed of accordingly.
[MANISH PITALE, J] [S. S. SHINDE , J]
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