Mahesh Kisan Gorad And Anr vs Pooja Mahesh Gorad And Anr
2022 Latest Caselaw 9571 Bom

                                                                 23-APL-854-2022.doc


           Shailaja

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL APPLICATION NO.854 OF 2022

           1]         Mahesh Kisan Gorad                    ]

           2]         Shahabai Kisan Gorad                  ]

           3]         Kavita Sanjay Yamgar                  ]

           4]         Keshav Kisan Gorad                    ]   Applicants
                            Vs.
           1]         Pooja Mahesh Gorad                    ]

           2]         State of Maharashtra                  ]   Respondents
                                   .....

Mr. Ramanand Sikhwal i/b Mr. Mahendra Shingade, for Applicants.

Mr. M.G. Sapkal, for Respondent No.1.

Ms. S.D. Shinde, A.P. P, for Respondent No.2-State.

.....

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

DATE : 21st SEPTEMBER, 2022.

P.C.

1. Heard learned Counsel for the parties.

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

of the parties and the application is taken up for final disposal.

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SHAILAJA          Digitally signed by SHAILAJA
                  SHRIKANT HALKUDE
SHRIKANT          Date: 2022.09.22 19:12:59
HALKUDE           +0530
                                                23-APL-854-2022.doc

Mr. Sapkal, waives service on behalf of respondent No.1- and Ms.

Shinde, learned A.P.P waives service on behalf of respondent

No.2-State.

3. Perused the papers.

4. By this application preferred under section 482 of the Code

of Criminal Procedure, 1973, the applicants seek quashing of the

F.I.R bearing C.R. No.129 of 2021 registered with Charkop

Police Station, Mumbai for the alleged offences punishable under

sections 498-A, 323, 504, 506, 509 of the Indian Penal Code

(for short "I.P.C").

5. It appears that the Applicant No.1 is the husband of the

respondent No.1, Applicant No.2 is the mother-in-law, Applicant

No.3 is sister-in-law and Applicant No.4 is brother-in-law of the

respondent No.1. Applicant No.1 and respondent No.1 got

married on 28th March, 2019. It appears that post marriage,

there were certain matrimonial issues/disputes between the

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parties, pursuant to which, the respondent No.1 filed aforesaid

complaint/F.I.R No.129 of 2021 as against the applicants. After

investigation, charge-sheet has been filed and that the case is

pending before 24th Additional Chief Metropolitan Magistrate,

Borivali bearing Criminal Case No.227/PW/2022. It appears that

in the interregnum, the parties i.e applicant No.1 and respondent

No.1 have filed a Divorce petition under section 13 (1) (b) of the

Hindu Marriage Act, 1955 bearing M.P. No.430 of 2022 seeking

divorce by mutual consent. We are informed that the said petition

is pending before the learned Civil Judge (Senior Division),

Panvel. Admittedly there are no issues from the said wedlock.

6. Along with the application, agreement for filing mutual

consent divorce petition has been annexed at 'Exhibit B' at page

No.17. A perusal of paragraph 5 of the said agreement reveals that

the respondent No.1 is to receive a sum of Rs.5,00,000/- towards

permanent alimony and maintenance. Paragraph 5 spells out

from (a) to (e) as to how the said amount of Rs.5,00,000/- would

be paid to the respondent No.1;

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(a) Rs. 1,00,000/- at the time of execution of the

agreement;

(b) Rs.1,00,000/- at the time of signing of the

mutual consent Divorce petition and withdrawal of

Divorce Petition i.e Case No.17/DV/2021;

(c) Rs.1,00,000/- as per clause 9 of the agreement

at the time of quashing of the F.I.R;

(d) Rs.1,00,000/- at the time of filing of the

affidavit of evidence in the Divorce Petition by the

respondent No.1 and

(e) Rs.1,00,000/- at the time of pronouncement of

the judgment in the Divorce Petition.

7. The respondent No.1 is present in person. She has filed her

affidavit dated 29th July, 2022 giving her no objection for

quashing of the proceedings. She has further stated in the said

affidavit that till date she has received Rs.3,00,000/- from the

applicants towards the part payment, out of the total amount of

Rs.5,00,000/-. When questioned, she reiterates what is stated by

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her in the affidavit. Learned Counsel for the respondent No.1 has

tendered a self attested xerox copy of the Aadhar Card of the

respondent No.1. The same is taken on record. Learned Counsel

appearing for the respondent No.1 identifies the respondent

No.1. Learned A.P.P has also verified the original Aadhar Card

with xerox copy. The applicants are also present in person. The

applicant No.1 assures to abide by the agreement i.e payment

schedule as stipulated in the agreement.

8. Considering the nature of the dispute and relations

between the parties 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 application.

9. The application is accordingly allowed and the FIR bearing

C.R. No.129 of 2021 registered with the Charkop Police Station,

Mumbai, for the alleged offences punishable under sections

498A, 323, 504, 506, 509 of the I.P.C is quashed and set aside.

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



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                                                  23-APL-854-2022.doc

Consequently, the proceeding pending before the 24th

Additional Chief Metropolitan Magistrate, Borivali, Mumbai

bearing Criminal Case No.227/PW/2022 is also quashed and set

aside, subject to the condition that the applicant No.1 complies

with the terms set out in the agreement.

10. Rule is made absolute in the aforesaid terms. Application

is disposed of accordingly.

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

order.

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

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