Jayesh Manohar Harpalani And Anr vs State Of Maharashtra And Anr
2024 Latest Caselaw 2268 Bom

Bombay High Court

Jayesh Manohar Harpalani And Anr vs State Of Maharashtra And Anr on 24 January, 2024

Author: N.R. Borkar

Bench: Anuja Prabhudessai, N.R. Borkar

2024:BHC-AS:4277-DB

                                                                                   18_apl_1594_2023.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL APPLICATION NO.1594 OF 2023

             Jayesh Manohar Harpalani and
             Anr.                                                ...Applicants
                                 Versus
             The State of Maharashtra and
             Anr.                                               ...Respondents
                                             ....
             Mr. Hemant J. Dube i/b. Mr. Rajesh H. Mishra and Ms Komal
             Vishwakarma for the Applicants.
             Mr. Dilip Shinde with Mr. Gajendra Wanti for Respondent No.2.
             Ms Rutuja Ambekar, APP for Respondent No.1-State.


                                                 CORAM: SMT. ANUJA PRABHUDESSAI &
                                                         N.R. BORKAR, JJ.

DATED: 24th JANUARY, 2024.

P.C.:-

1. At the outset, learned counsel for the Applicants seeks

leave to amend prayer clause (b) of the application as to incorporate

Criminal Case No.2070/PW/18 pending on the file of learned

Metropolitan Magistrate's 17th Court, Borivali, Mumbai. Leave is

granted. Amendment to be carried out forthwith.

2. By this application, the Applicant seeks to quash the FIR

No.111 of 2017 registered with Vanrai Police Station, Goregaon

18_apl_1594_2023.doc

(East), Mumbai, for the offences punishable under Sections 498A,

403, 406 r/w 34 of the IPC and C.C. No.2070/PW/18 arising

therefrom and pending before Metropolitan Magistrate's 17 th Court,

Borivali.

3. The aforesaid crime was registered pursuant to the FIR

lodged by Respondent No.2. Marriage of Respondent No.2 and

Applicant No.1-husband was solemnized on 15/02/2009.

Respondent No.2 lodged the FIR on 23/05/2017 alleging that she

was subjected to physical and mental cruelty at the hands of her

husband and his relatives.

4. Learned counsel for the Applicants and Respondent No.2

state that the parties have resolved the dispute amicably. They have

placed on record copy of the consent terms at Exhibit-B filed in

Petition No.A-2620 of 2015, Family Court at Bandra, Mumbai.

Respondent No.2 has also filed her consent affidavit stating that the

matrimonial dispute has been amicably resolved and by judgment

dated 28/12/2021 the Family Court has granted divorce by mutual

consent under Section 13(b) of the Hindu Marriage Act.

18_apl_1594_2023.doc

Respondent No.2 is present before the Court. She reiterated that the

matrimonial dispute is amicably settled and she has given no -

objection to quash the FIR.

5. In our considered view the settlement is genuine and

voluntary. Since the parties have decided to put an end to the

matrimonial dispute, continuance of criminal proceedings will be

sheer abuse of process of law.

6. Hence, the application is allowed in terms of prayer

clause (b). The FIR No.111 of 2017 registered with Vanrai Police

Station, Goregaon (East), Mumbai and C.C. No.2070/PW/18 arising

therefrom and pending before Metropolitan Magistrate's 17 th Court,

Borivali, stand quashed.

(N.R. BORKAR, J.) (SMT. ANUJA PRABHUDESSAI, J.)