Priya Jayendranath Patil @ Priya ... vs Jayendranath Vasantrao Patil And ...
2022 Latest Caselaw 1779 Bom

                                                                           5-apl-344-20.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally
         signed by
         DINESH
                                 CRIMINAL APPELLATE JURISDICTION
DINESH   SADANAND
SADANAND SHERLA                CRIMINAL APPLICATION NO. 344 OF 2020
SHERLA   Date:
         2022.02.24
         17:00:19
         +0500
                      Priya Jayendranath Patil
                      @ Priya N. Patil                           ... Applicant
                            V/s.
                      Jayendranath Vasantrao Patil
                      and anr.                                   ... Respondents

                                                 ----------------
                      Mr. Indrajeet R. Kulkarni for the Applicant.
                      Mr. Nikhil Adkine i/b Mr. S.S. Phatale for Respondent No.1
                      Ms M.H. Mhatre, APP for the Respondent No.2 - State.
                                                 ----------------

                                         CORAM       :     S.S. SHINDE &
                                                           N.R. BORKAR, JJ.

                                         DATE        :     22.02.2022.

                      ORAL JUDGMENT (PER S.S.SHINDE, J.)

                      1]       Rule. Rule made returnable forthwith and heard with the

consent of learned counsel for the parties.

2] This application is fled for the following reliefs:

"a) This Hon'ble Court by an Order may kindly quash the FIR No.I-615 of 2016 fled with the Mumbra Police Station and also the chargesheet.

b) This Hon'ble Court by an Order may kindly direct the Mumbra Police Station to handover all the Articles as per Exhibit-C annexed hereto."

3] Learned counsel appearing for the applicant submits

that the applicant and the frst respondent have arrived at

Dinesh Sherla 1/4 5-apl-344-20.doc

amicable settlement and to that efect proceedings were

instituted before the Family Court, Thane and the Family Court

has allowed the petition fled by the respondent-husband and

the marriage between the applicant and the frst respondent

has been dissolved.

4] During pendency of the said proceedings before the

Family Court, Thane, the frst respondent has deposited the

amount of Rs.3,00,000/-. However, one of the condition of the

settlement was that the applicant shall withdraw the said

amount after giving consent for quashing of the impugned

FIR. Accordingly, this application is fled by the applicant.

5] 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 favour

stand on a diferent footing for the purposes of quashing,

particularly the ofences arising from commercial, fnancial,

mercantile, civil, partnership or such like transactions or the

ofence arising out of matrimony relating to dowry, etc. or the

family disputes where the wrong is basically private or

1 2012 (10) SCC 303

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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 ofender 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.

6] From the perusal of FIR, it transpires that the allegations

are totally personal in nature. The ofences alleged cannot be

said to have impact on society. Nothing fruitful will come out

of the prosecution in question. We are of the opinion that the

present case is squarely covered by the decision of the

Supreme Court in Gian Singh (supra).

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                                                     5-apl-344-20.doc


7]      Since the applicant herself is the frst informant and the

frst respondent has no objection for allowing this application,

we pass the following order.

OR DER

a] Application is allowed in terms of prayer clause (a)

and (b);

b] Needless to observe that amount of Rs.3,00,000/-,

which is deposited by the frst respondent before the

Family Court, Thane, the applicant is entitled to withdraw

the same unconditionally. It is clarifed that the amount

deposited in the Family Court, Thane with accrued

interest thereon, if any, shall be disbursed in favour of the

applicant.

c] The articles lying in the Mumbra Police Station, the

concerned In-charge Police Station Ofcer shall ensure

that those articles are returned to the applicant forthwith

without any delay.

d] Rule is made absolute to the above extent and,

Criminal Application stands disposed of accordingly.

      (N.R. BORKAR, J.)                         (S.S. SHINDE, J.)


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