Manish Keshav Bediya And Ors vs The State Of Maharashtra And Anr
2022 Latest Caselaw 9975 Bom

                                                               28-WP-3480-2022.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. 3480 OF 2022
Date: 2022.10.01
17:36:33 +0530


                      1.   Mr. Manish Keshav Bediya

                      2.   Mrs. Anita Keshav Bediya

                      3.   Mr. Keshav Patoula Bediya

                      4.   Miss. Nandini Keshav Bediya

                      5.   Miss. Aarti Keshav Bediya                ...Petitioners

                                  Versus

                      1.   The State of Maharashtra

                      2.   Mrs. Jyoti Manish Bediya                 ...Respondents

                      Mr.Vinod Shukla i/b. Mr.Kshitish Shukla, Advocate for the
                      Petitioners.
                      Mrs.A.S.Pai, PP a/w Mr.J.P.Yagnik, APP for the Respondent
                      No.1-State.
                      Mr.Devmani Shukla i/b. Mr. Nilesh Mishra, Advocate 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.

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            2    Rule. Rule is made returnable forthwith, with the

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

Learned Counsel for the respective respondents waive

notice on behalf of the said respondents.

3 By this petition, the petitioners seek quashing of the

FIR/complaint, registered vide C.R. No. 870 of 2020 with the

Charkop Police Station, for the alleged offences punishable

under sections 498-A, 323, 504 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 respondent no.2, the petitioner nos. 2 and 3 are in-laws

and petitioner nos. 4 and 5 are unmarried sisters in-law

respectively of the respondent no.2. It appears that

applicant no.1 and respondent no.2 got married at Shree

Ram Mandir, Khar (East), Mumbai as per Hindu Vedic rites

and rituals. It was a love marriage. Admittedly, the couple

has no issue. It appears that post marriage, the respondent

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no.2 started residing at her matrimonial house with the

petitioners. As there were matrimonial discord / differences,

the respondent no.2 lodged the aforesaid C.R. with the

Charkop Police Station, alleging the aforesaid offences. We

are informed that till date, charge-sheet has not been filed

in the said case.

5 It appears that In the interregnum, i.e. after the

registration of the FIR, the parties decided to put up a

quietus to the dispute and accordingly, entered into consent

terms. The said consent terms are at page 34 at Exhibit-C of

the petition. The same were filed in the D.V. proceedings i.e.

before the learned Additional Chief Metropolitan Magistrate,

24th Court at Borivali, Mumbai. As per the consent terms,

both the parties have agreed to file mutual divorce petition

under Section 13-B of the Hindu Marriage Act and the

respondent no.2 has agreed to withdraw the D.V.

proceedings and the present proceedings, at the earliest.

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            6    We are informed that pursuant to the consent terms,

the Family Court at Bandra has allowed the petition seeking

divorce by mutual consent and has dissolved the marriage

vide judgment and order dated 18th July, 2022.

7 Today, the respondent no.2 is present in person.

Learned Counsel for the respondent no.2 has tendered a

consent affidavit of the respondent no.2 dated 29 th

September, 2022, duly affirmed before the Assistant

Registrar, High Court. The said affidavit is taken on record.

To the said affidavit, is annexed the judgment and order

dated 18th July, 2022 passed by the learned Judge, Bandra

Court at Bandra, Mumbai, dissolving the marriage of the

petitioner no.1 and respondent no.2, by mutual consent

under Section 13-B of the Hindu Marriage Act. In the said

affidavit, the respondent no.2 has stated that she has

received her shridhan and all articles claimed by her and

that, she has no objection for quashing of the aforesaid

proceeding i.e. C.R. No.870 of 2020 registered with the

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Charkop Police Station.

questioned, she has reiterated what is stated by her in the

affidavit, that, she has no objection for quashing of the FIR,

bearing C.R. No. 870 of 2020 registered with the Charkop

Police Station, Mumbai.

9 Considering the nature of dispute, the relations

between the parties and the consent terms entered into

between them, the dissolution of their marriage and

considering 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.

10 The petition is accordingly allowed and the FIR bearing

C.R.No.870 of 2020 registered with the Charkop Police

Station, Mumbai is quashed and set aside and the

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

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proceeding, if any, pursuant to the said C.R. is also quashed

and set aside.

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

disposed of accordingly.

12 All concerned to act on the authenticated copy of this

order.

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




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