Omkar Satish Palav vs State Of Maharashtra And Anr
2022 Latest Caselaw 1954 Bom

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                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                     WRIT PETITION NO. 571 OF 2022

                            Omkar Satish Palav
                            Age: 34 years, Occu. Civil Engineer,
                            R/at. G-5, Ambedkar Nagar,
                            paradgaon, Parad, Mumbai- 400012.                     ...Petitioner

                                   Versus

                            1. The State of Maharashtra
                            At instance of Vishnu Nagar Police Station,
                            Dombivli, Kalyan.
                            2. Smt. Dakshata Omkar Palav
                            Aged: 34 years, Occu. Housewife,
                            R/at. A/103, Mainai Saket CHS,
                            Korpar Road, Kopar Gaon,
                            Dombivali (East).            .                        ...Respondents
                                                                 ...
                            Mr. Nitin Gangal a/w Mr. Ashok D. Kadam for petitioner.
                            Ms. Prerna Shukla for Respondent No.2.
                            Smt. A. S. Pai, APP for Respondent/state.
                            Petitioner present in Court.
                            Respondent No.2 present in Court.
                                                                 ...
             Digitally signed

                                                          CORAM : S. S. SHINDE &
             by
             DNYANESHWAR
DNYANESHWAR ASHOK ETHAPE
ASHOK ETHAPE

                                                                  N. R. BORKAR, JJ.

Date:

             2022.02.26
             10:17:16 +0530



                                                          DATE :         25th FEBRUARY, 2022.

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

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

consent of learned counsel appearing for the parties.

2. Mr. Nitin Gangal, learned counsel appearing for the petitioner

and Ms. Prerna Shukla learned counsel appearing for the 2 nd respondent

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jointly submits that parties have amicably settled the dispute and to that

effect consent terms have been arrived between the parties before the Civil

Judge Senior Division, Kalyan in Marriage Petition No. 1532 of 2019. The

said Court by order dated 08.12.2021 passed the decree and thereby

marriage is dissolved.

3. It is jointly submitted that in view of the settlement arrived

between the parties, impugned FIR may be quashed.

4. The 2nd respondent is present before the Court. She is identified

by her advocate. She stated that it is her voluntary act to enter into such

settlement/compromise and give consent for quashing the FIR. She further

stated that she has filed the affidavit on her own free will and without any

coercion.

5. In view of settlement arrived between the parties, and keeping

in view in fact that the parties have filed consent terms before the Civil

Judge Senior Division, Kalyan, as also affidavit filed before this Court by the

2nd respondent, we are of the opinion that further continuation of the

investigation in Crime No. I-173 of 2020, dated 27.08.2019, registered with

Vishnu Nagar Police Station, Dombivali, Kalyan for the offences punishable

under Sections 498-A, 504, 506, 377, 323 r/w. 34 of the Indian Penal Code,

1860, would tantamount to the abuse of the process of the Court/law. , and

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would be an exercise in futility. Since the respondent No.2 is not going to

support the prosecution case, the chances of the conviction of the petitioner

would be remote and bleak.

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 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

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.

1    2012 (10) SCC 303

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7. In the light of discussion in foregoing paragraphs and in order

to prevent the abuse of the process of Law/Court and to secure the ends of

justice, in our view, it would be appropriate to allow the prayer clause of the

Applicant for quashing and setting aside the impugned FIR. The application

is allowed in terms of prayer clause (b), which read thus-

'(b) This Hon'ble Court be pleased to issue a writ of certiorari or any other writ, order or direction in the nature of certiorari and be pleased to quash and set aside the impugned C.R. I-173 of 2019 dated 27.08.2019 lodged by Respondent No.2 against the Petitioner and his relatives, registered with Vishnu Nagar Police Station, Dombivali, Kalyan, for offences u/s. 498- A, 504, 506, 377, 322 r/w. 34 of Indian penal Code, 1860 by consent of Petitioner and Respondent No.2.'

8. Rule is made absolute to the above terms, Application

stands disposed of accordingly.

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




Dnyaneshwar Ethape, PA