Vijay Kumar Nahar Singh And Ors vs The State Of Maharashtra And Anr
2023 Latest Caselaw 9232 Bom

  2023:BHC-AS:25841-DB


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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
         Digitally signed by
VASANT   VASANT
ANANDRAO ANANDRAO IDHOL          CRIMINAL WRIT PETITION NO.2343 OF 2017
         Date: 2023.09.06
IDHOL    10:50:47 +0530




                   Vijaykumar N. Singh & Ors.                                ...Petitioners
                             V/s.
                   State of Maharashtra & Anr.                               ...Respondents


                   None for the Petitioners.

                   Mr.Ajay Patil, APP for Respondent No.1 - State.

                   Mr.Ashley Cusher with Ms.Priyanka Tiwari for Respondent No.2.

                   Petitioner No.1 present in person.

                   Respondent No.2 present in person.

                   Mr.Saiprasad Pawar, PSI, Arnala Sagri Police Station present.

                                                     CORAM : NITIN W. SAMBRE &
                                                             RAJESH S. PATIL, JJ.

DATE : 4TH SEPTEMBER, 2023.

P.C. :-

1. The prayer is for quashing of the F.I.R. in Crime No.185 of

2016 punishable under Sections 498-A,406, 323, 506 read with 34 of

I.P.C. registered on 14st December, 2016.

2. Respondent No.2 - Complainant was married to the son of

the Petitioner Nos.1 and 2.

3. The Petitioners are the in-laws of Respondent No.2 -

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Complainant alleging cruelty and ill-treatment and the aforesaid

offence came to be registered.

4. Respondent No.2 - Complainant has placed on record the

consent affidavit stating that Hindu Marriage Petition being No.334 of

2016 was converted into one that of under Section 13-B of the Hindu

Marriage Act and a decree for divorce by consent came to be

allowed on 6th July, 2023 passed by the Court of Civil Judge (Senior

Division), Vasai. Respondent No.2 - Complainant has further stated

that they have amicably resolved the dispute and she has no

intention to pursue the prosecution against the Petitioners.

5. Learned counsel for Respondent No.2 informs that he has

identified Respondent No.2, who is present in Court. We have

requested Mr.Ajay Patil, learned APP to verify from Respondent No.2

as to the contents of the affidavit so as to ensure that such act on the

part on Respondent No.2 is voluntary.

6. After having interacted, learned APP informed that

Respondent No.2 is admitting the contents of the affidavit and she

has voluntarily consented for quashing.

7. Having regard to the law laid down in the judgments

delivered by the Apex Court in the matter of Gian Singh vs. State of

Punjab & Anr. reported in (2012) 10 SCC 303 and Narinder Singh

& Ors. vs. State of Punjab & Anr. Reported in (2014) 6 SCC 466. In

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view of the stand taken by Respondent No.2, the Applicants cannot

be made to face the prosecution, as the same cannot be taken into its

logical end.

8. That being so, the Writ Petition is allowed in terms of

prayer clause (b) subject to payment of costs of Rs.15,000/- to be

paid by each of the Petitioners to Janseva Foundation to be

deposited in Bank of Maharashtra Account No.20076764639 with

IFSC Code MAHB0000102. The cost shall be deposited by the

Petitioners within four weeks from the receipt of the order and receipt

to that effect be placed on record within a week thereafter, failing

which the order of quashing of proceedings shall automatically stand

recalled and this Court will be constrained to proceed against the

Petitioners in accordance with law.

9. The compliance be reported within the aforesaid period.

(RAJESH S. PATIL, J.)                        (NITIN W. SAMBRE, J.)