Bombay High Court
Ankush Harshuprasad Dubey vs State Of Maharashtra And Anr on 17 November, 2022
Bench: R.P. Mohite-Dere, R. N. Laddha
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.11.21
CHITNIS 13:41:48 +0530
914-wp.3042.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3042 OF 2022
1. Ankush Harshuprasad Dubey
2. Malti Harshuprasad Dubey
3. Harshuprasad Ramshiromani Dubey
4. Ankita Harshuprasad Dubey ...Petitioners
Versus
1. The State of Maharashtra
2. Upasana Ankush Dubey ...Respondents
Ms. Deepa Panicker, i/b Khalid Naseem Khan, for the Petitioners.
Ms. S. D. Shinde, A.P.P for the Respondent No.1- State.
Ms. Nibha Jha, for the Respondent No.2.
CORAM : REVATI MOHITE DERE &
R. N. LADDHA, JJ.
DATE : 17th NOVEMBER 2022
P.C. :
1. Heard learned counsel for the parties.
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. Ms. Jha, waives notice
on behalf of the respondent No.2.
N. S. Chitnis 1/6
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3. By this petition, the petitioners seeks quashing of the FIR
bearing C.R. No. 131 of 2019 registered with the Vikhroli Police
Station, Mumbai, at the behest of the respondent No.2, for the alleged
offences punishable under Sections 498A, 406, 323, 504, 506 r/w 34
of the Indian Penal Code. Quashing is sought on the premise, that the
parties have amicably settled their dispute.
4. Perused the papers. The petitioner No.1 is the husband of
the respondent No.2, the petitioner Nos.2 and 3 the in-laws and the
petitioner No.4 is the sister-in-law of the respondent No.2
respectively. It appears that the petitioner No.1 and the respondent
No.2 got married on 7th December 2015. Post marriage, the
respondent No.2 started residing at her matrimonial home.
Admittedly, the couple has no issues from the said wedlock. According
to the respondent No.2, as she was ill-treated and harassed by the
petitioners, she was constrained to file the aforesaid FIR, as against the
petitioners, alleging the aforesaid offences. After investigation,
charge-sheet was filed in the said case and the case is presently
N. S. Chitnis 2/6
914-wp.3042.2022.doc
pending before the learned Additional Metropolitan Magistrate, 31 st
Court, Vikhroli, Mumbai, being Case No.1647/PW/2019. It appears
that apart from the said proceeding, the respondent No.2 has filed a
complaint in the Court of the learned Metropolitan Magistrate at
Vikhroli, Mumbai, under the Domestic Violence Act. The petitioner
No.1 had also filed a petition under Section 13(1)(ia) of the Hindu
Marriage Act, in the Court of the learned Civil Judge Senior Division,
Thane being Marriage Petition No.129 of 2018. The marriage
between the parties have already been dissolved by the learned 5th
Joint Civil Judge, Senior Division Thane, vide Judgment and Order
dated 26th July 2022, under Section 13B of the Hindu Marriage Act.
5. During the pendency of the aforesaid proceeding, the
parties amicably settled their dispute and entered into the consent
terms. The said consent terms are at Exhibit - 'C', page 109 of the
petition. The said consent terms are duly signed by the parties i.e. the
petitioner No.1 and the respondent No.2. In the said consent terms,
the petitioner No.1 has agreed to pay a sum of Rs.15,07,000/- to the
N. S. Chitnis 3/6
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respondent No.2 by way of full and final settlement.
6. Learned Counsel for the petitioners states that the
petitioner No.1 has paid the entire amount to the respondent No.2.
Learned Counsel for the respondent No.2 does not dispute the said
statement.
7. Respondent No.2 has filed her affidavit, duly affirmed
before the Assistant Registrar, High Court, Appellate Side, which is at
Exhibit - 'B' on page 105 of the petition. In the said affidavit, the
respondent No.2 has stated that she has no objection to the quashing
of the proceedings, in view of the amicable settlement between the
parties. Respondent No. 2 is present in Court. She states that she has
already withdrawn the D.V. complaint and has received the entire
amount i.e. Rs.15,07,000/-, as per the consent terms entered into
between them and as such has no grievance to the quashing of the
proceedings. Learned counsel for the respondent No. 2 has tendered a
self attested xerox copy of the aadhar card of the respondent No. 2.
N. S. Chitnis 4/6
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The same is taken on record. Learned Counsel for the respondent
No.2 has identified the respondent No.2 and the learned APP has also
verified the original aadhar card of the respondent No.2.
8. Considering the nature of dispute, the amicable settlement
between the parties, the consent terms entered into between them, the
affidavit filed by the respondent No.2 and having regard to 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.
9. The petition is accordingly allowed and the FIR bearing
C.R. No. 131 of 2019 registered with the Vikhroli Police Station,
Mumbai, is quashed and set aside and consequently the proceeding
pending before the learned Additional Metropolitan Magistrate, 31 st
Court, Vikhroli, Mumbai, being Case No.1647/PW/2019, is also
quashed and set aside.
1 (2012) 10 SCC 303
2 (2014) 6 SCC 466
N. S. Chitnis 5/6
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10. Rule is made absolute in the aforesaid terms. Petition is
disposed of accordingly.
11. All concerned to act on the authenticated copy of this
order.
R. N. LADDHA, J. REVATI MOHITE DERE, J.
N. S. Chitnis 6/6
