Mandar Kamlakar Samant And Ors vs The State Of Maharashtra And Anr
2022 Latest Caselaw 12583 Bom

            Digitally signed
            by RUPALI
                                                                                   10. APL 941-2022.doc
RUPALI      RAJESH
RAJESH      WAKODIKAR
WAKODIKAR   Date:
            2022.12.09
            10:58:06 +0530


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION
                                      CRIMINAL APPLICATION NO. 941 OF 2022


                         1. Mandar Kamlakar Samant
                         2. Kamlakar Anant Samant
                         3. Suruchi Kamlakar Samant
                         4. Anant Kamlakar Samant
                         5. Pallavi Anant Samant                            ...Applicants

                                 Versus

                         1. The State of Maharashtra
                         2. Megha Mandar Samant                             ...Respondents


                         Mr. Raviraj Paramane, for the Applicants.

                         Mr. K.V.Saste, A.P.P for the Respondent-State.

                         Mr. Advait Shukla, for the Respondent No.2.

                                                      CORAM : REVATI MOHITE DERE &
                                                              PRITHVIRAJ K. CHAVAN, JJ.

DATE : 5th DECEMBER, 2022

P.C. :

1. Heard learned Counsel for the parties.

 Wakodikar                                                                                          1/5
                                                                  10. APL 941-2022.doc

2. Rule. Rule is made returnable forthwith, with the consent

of the parties and is taken up for final disposal. Learned A.P.P waives

notice on behalf of the respondent No.1-State. Mr. Advait Shukla

waives notice on behalf of the respondent No.2.

3. By this application, the applicants seek quashing of the FIR

bearing C.R. No. 224 of 2018 registered with the Indira Nagar Police

Station, Nashik, at the behest of the respondent No.2, for the alleged

offences punishable under Sections 498A, 420 etc. of the Indian Penal

Code. Quashing is sought on the premise, that the parties have

amicably settled their dispute.

4. Perused the papers. The applicant No.1 is the husband of

the respondent No.2; the applicant Nos.2 and 3 are the father-in-law

and mother-in-law; the applicant No.4 is the brother-in-law and the

applicant No.5 is the sister-in-law respectively of the respondent No.2.

It appears that the applicant No.1 and the respondent No.2 got

married on 3rd January, 2016, after which, the respondent No.2 started

Wakodikar 2/5

10. APL 941-2022.doc

living in her matrimonial home with the applicants. As according to

the respondent No.2, she was ill-treated and harassed, she filed the

aforesaid FIR as against the applicants, alleging the aforesaid offences.

After investigation, chargesheet was filed and the case is presently

pending before the learned Judicial Magistrate, First Class, Nashik,

being R.C.C.No.1039 of 2021.

5. We are informed that the learned J.M.F.C., at Nashik has

granted divorce by mutual consent vide Judgment and Order dated

14th November, 2022. Today, learned Counsel for the respondent

No.2 has tendered an affidavit of the respondent No.2 dated 21 st

November, 2022, duly notarized before the Notary. To the said

affidavit, is annexed a photocopy of the Aadhar Card of the

respondent No.2, duly signed by her. The said affidavit is taken on

record. In the said affidavit, the respondent No.2 has stated that the

dispute is amicably settled between her and the applicant and that a

Decree of Divorce has also been passed by the Family Court, Nashik.

She has stated that she has no objection for quashing of the aforesaid

Wakodikar 3/5

10. APL 941-2022.doc

proceeding.

6. The respondent No.2 is present in person. On

questioning, she re-iterates what is stated by her in her affidavit i.e. she

has no grievance as against the applicants. The respondent No.2 has

been identified by her Counsel. The original Aadhar Card of the

respondent No.2 is verified by the learned APP.

7. Considering the nature of dispute, the amicable settlement

between the parties, the affidavit of the respondent No.2 and the

judicial pronouncements of the Apex Court in Gian Singh vs. State of

Punjab & Anr.1 and Narinder Singh & Ors. vs. State of Punjab &

Anr.2, , there is no impediment in allowing the petition.

8. The petition is accordingly allowed and the FIR bearing

C.R. No. 224 of 2018 registered with the Indira Nagar Police Station,

Nashik, and consequently, the proceeding pending before the learned

Judicial Magistrate, First Class, Nashik, being R.C.C. No. 1039 of

1 (2012) 10 SCC 303 2 (2014) 6 SCC 466

Wakodikar 4/5

10. APL 941-2022.doc

2021, are quashed and set-aside.

9. Rule is made absolute in the aforesaid terms. Petition is

disposed of accordingly.

10. All concerned to act on the authenticated copy of this

order.

PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.

Wakodikar                                                                      5/5