Mihir Harshad Vyas And Ors vs The State Of Maharashtra And Anr
2022 Latest Caselaw 9974 Bom

                                                              903-WP-6188-2019.doc


SATISH                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAMCHANDRA                      CRIMINAL APPELLATE JURISDICTION
SANGAR
Digitally signed by
SATISH RAMCHANDRA
SANGAR
                               CRIMINAL WRIT PETITION NO. 6188 OF 2019
Date: 2022.10.01
17:45:39 +0530

                      1.   Mr. Mihir Harshad Vyas

                      2.   Mrs. Nayna Harshad Vyas

                      3.   Mr. Nakul Harshad Vyas                   ...Petitioners

                                  Versus

                      1.   The State of Maharashtra

                      2.   Mrs. Nisha Mihir Vyas                    ...Respondents

                      Ms.Urvi Shah i/b. M/s. I.R. Joshi and Co., Advocate for the
                      Petitioners.
                      Mrs.A.S.Pai, PP a/w Mr.J.P.Yagnik, APP for the Respondent
                      No.1-State.
                      Mr.Arun Atwal a/w Mr.Jigar Agarwal, Ms.Suman Maurya and
                      Mr.Baba Singh, Advocates for the Respondent No.2.

                                           CORAM :     REVATI MOHITE DERE &
                                                       S. M. MODAK, JJ.

                                           DATE       : 29th SEPTEMBER 2022
                      P.C. :


                      1    Heard learned Counsel for the parties.


                      2    Rule. Rule is made returnable forthwith, with the


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                                                     903-WP-6188-2019.doc

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

Learned APP waives notice on behalf of the respondent

no.1-State and Ms.Shah waives notice on behalf of the

respondent no.2.

3 By this petition, the petitioners seek quashing of the

FIR/complaint, registered vide C.R. No. 0144 of 2016 with

the Mira Road Police Station, Mumbai for the alleged

offences punishable under Sections 498-A, 406, 323, 504,

506 read with 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 and the petitioner no.2 is the mother

in-law and petitioner no.3 is the brother in-law of the

respondent no.2 respectively. It appears that the petitioner

no.1. Respondent No.2 got married on 1 st June, 2010 at Mira

Road, Thane as per the Hindu rites and rituals. Post

marriage, there was some marital discord between the

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parties, pursuant to which the respondent no.2 lodged the

aforesaid C.R. with Mira Road Police Station alleging the

aforesaid offences. After investigation, charge-sheet was

filed as against the petitioner and the case is presently

pending before the learned JMFC, 9 th Court at Thane being

R.C.C.No. 97 of 2017.

5 It appears that in the interregnum, the parties decided

to amicably resolve and settle their dispute. Accordingly, in

2016, a petition for dissolution of marriage under Section

13-B of the Hindu Marriage Act was filed by the parties

before the 7th Joint Civil Judge Senior Division, Thane.

Consent terms were filed on 21 st January, 2019 and decree

of divorce of mutual consent was passed on 28 th December,

2019. Learned Counsel has tendered a certified copy of the

said judgment and order dated 28th December, 2019,

dissolving the marriage between the petitioner no.1 and the

respondent no.2 , by decree of divorce by mutual consent. It

appears that the petitioner no.1 by a gift deed has been

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given a flat at Mira Road and has been paid Rs.8,50,000/- by

way of one time settlement to the respondent no.2. It

appears that the said flat has been given to the respondent

no.2 to manage the education, maintenance and welfare of

their son for lifetime.

6 Today, the respondent no.2 is present in person. She

has tendered her consent affidavit dated 19 th August, 2022,

duly affirmed before the Assistant Registrar, High Court. The

said affidavit is taken on record. In the said affidavit, the

respondent no.2 has stated that she has amicably settled

the dispute and that, she has decided to withdraw all

allegations/complaints made by her against the petitioners,

including the subject FIR. She has stated that she has no

objection for quashing of the said C.R./proceedings. On

being questioned, the respondent no.2 reiterates what is

stated by her in the affidavit. She is identified by her

Counsel Mr.Arun Atwal. Learned Counsel for the respondent

no.2 has handed over a xerox copy of the aadhar card which

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is in her maiden name Nisha Jaiswal, duly certified by her.

The same is taken on record.

7 Considering the nature of dispute, the relations

between the parties, the amicable settlement between

them 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.

8 The petition is accordingly allowed and the FIR bearing

C.R.No.0144 of 2016 registered with the Mira Road Police

Station, Mumbai is quashed and set aside. Consequently,

the proceedings which is pending before the Learned JMFC,

9th Court, Thane bearing R.C.C.No.97 of 2017 is also

quashed and set aside.

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

disposed of accordingly.

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

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10 All concerned to act on the authenticated copy of this

order.

            S. M. MODAK, J.                 REVATI MOHITE DERE, J.




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