Bombay High Court
Sonal S/O Hariram Chourasia And ... vs The State Of Maharashtra on 7 September, 2021
Bench: S.S. Shinde, N. J. Jamadar
Sherla V.
10_apl.207.2021-J.doc
VISHWANATH
SATYANARAYANA
SHERLA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by CRIMINAL APPELLATE SIDE
VISHWANATH
SATYANARAYANA
SHERLA
Date: 2021.09.07
15:15:43 +0530
CRIMINAL APPLICATION NO.207 OF 2021
1) Shri Sonal Hariram Chourasia )
age 41 years )
)
Residing at Y-101, Roseland Residency,
)
Gate No.4, Pimple Saudagar, Dist.: )
Pune - 4110272 )
)
2) Smt.Pooja w/o.Sonal Chourasia )
age 34 years )
)
r/at C/o. Dr.Omprakash Chourasia,
)
25GF, Sadikabad Colony, )
Mankapur, Nagpur - 440030 )
)
3) Shri Hariram Bhadde Lal Chourasia )
age 75 years )
)
Residing at Y-101, Roseland Residency,
) ... Applicants
Gate No.4, Pimple Saudagar, Dist.: )
Pune - 4110272 )
)
4) Shri Kiran Hariram Chourasia )
age 63 years )
)
Residing at Y-101, Roseland Residency,
)
Gate No.4, Pimple Saudagar, Dist.: )
Pune - 4110272 )
)
5) Smt.Neha Hariram Chourasia )
age 37 years )
)
Residing at Y-101, Roseland Residency,
)
Gate No.4, Pimple Saudagar, Dist.: )
Pune - 4110272 )
)
Versus
The State of Maharashtra ) ... Respondents
Page 1 of 6
10_apl.207.2021-J.doc
Mr.Jitesh Duhilani i/b Mr.Chirag Chanani for the Applicants
Mr.K.V. Saste, APP, for Respondent - State
CORAM: S.S. SHINDE &
N.J. JAMADAR, JJ.
DATED: SEPTEMBER 7, 2021
ORAL JUDGMENT (PER SHRI S.S. SHINDE, J.):
1. Rule. Rule made returnable forthwith with the consent of the
learned Counsel appearing for the parties and heard finally.
2. This Criminal Application is filed seeking the following
substantive relief:
"(a) Quash and set aside the FIR registered by the non-
applicant No.1 vide FIR No.0297/2020 dated 19.5.2020 for
offences punishable under Sections 498A, 323, 504, 506
read with Section 34 IPC registered at Sangvi Police Station,
Pune (ANNEXURE-A) and all the consequential
invstigations/actons/proceedings thereto in the peculliar facts
and circumstances of the present case and in the interest of
ustice;"
3. The Criminal Application takes exception to filing of First
Information Report No.297 of 2020 registered with Sangvi Police
Station, Pimpri-Chinchwad for offences punishable under sections
10_apl.207.2021-J.doc
498-A, 323, 504, 406 read with section 34 of the Indian Penal
Code.
4. Learned Counsel appearing for the Applicants submits that
the Applicant No.2 - wife and the Applicant No.1 and his relatives
have settled the dispute. He further submits that this Application is
jointly filed by the applicant No.1 - husband, applicant No.2 - wife
and the applicant Nos.3 to 5, who are the parents and sister of the
applicant No.1 - husband, with a prayer to quash the impugned
First Information Report No.297 of 2020 registered with Sangvi
Police Station, Pimpri-Chinchwad. It is submitted that the parties
have amicably settled the dispute and to that effect, terms of
settlement have been filed before the Family Court at Nagpur. A
copy of the said terms of settlement is placed on record in the
compilation of this Writ Petition (Exhibit C).
5. The applicant No.1 - husband and applicant No.2 - wife are
present in the Court, who are identified by their advocate.
Applicant No.2 has stated that it is her voluntary decision to enter
into the terms of settlement and has given consent for quashing
the impugned FIR. Applicant Nos.1 and 2 have jointly stated that
they are staying together since March, 2021 and thereafter there is
10_apl.207.2021-J.doc
no any untoward incident. They are happily residing together with
their child. Applicant No.2 has stated that her consent for quashing
the First Information Report is given with her free will without any
coercion.
6. Since Applicant No.2, namely, Pooja Sonal Chourasia, has
joined the prayer of the other applicants for quashing the
impugned First Information Report, any further exercise will be in
futility and would tantamount to abuse of process of the Court and
no fruitful purpose will be served by continuing further investigation
in relation to C.R. No.297 of 2020 registered with Sangvi Police
Station, Pimpri-Chinchwad for the offences punishable under
sections 498-A, 323, 504, 406 read with section 34 of the Indian
Penal Code. In view of the stand taken by applicant No.2, the
chances of conviction of the applicant Nos.1, 3 to 5 are remote
and bleak.
7. 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
1 2012 (10) SCC 303
10_apl.207.2021-J.doc
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
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.
8. In that view of the matter, in order to secure the ends of
justice and to prevent further abuse of the process of said Court,
we are inclined to allow the Application and it is accordingly,
allowed in terms of prayer clause (a).
10_apl.207.2021-J.doc
9. Rule is made absolute in the above terms. The Criminal
Application stands disposed off accordingly.
10. All concerned to act on an authenticated copy of this order.
(N.J. JAMADAR, J.) (S.S. SHINDE, J.)
