SANJAY JAIN Vs. STATE OF GOA

JUDGEMENT

(1.) There are three Writ Petitions for consideration before this Court. Two Writ Petitions filed by Sanjay Jain and the third petition is filed by Anju Jain. Parties were husband and wife and now they are divorced. During the period of matrimonial acrimony between the parties, there were criminal cases filed against each other resulting in registration of First Information Reports (FIRs). After a long drawn process of attempts at amicable settlement, the parties agreed by consent terms dtd. 3/5/2019, to put an end to their misery by agreeing to specific terms of settlement. On 21/10/2021, an addendum was added to the aforesaid consent terms dtd. 3/5/2019. As a consequence of the consent terms, the parties have taken steps in the matter. Since the Criminal cases initiated against each other can be quashed by invoking Sec. 482 of the Cr.P.C. and Article 226 of the Constitution of India, both the parties are before this Court to give finality to the agreed terms between them.

(2.) Heard Mr. J. Supekar, learned Counsel for the petitioner in Criminal Writ Petition Nos. 22 of 2022 (Filing) and 23 of 2022(Filing) and Ms. A. Desai, learned Counsel for the petitioner in Criminal Writ Petition No. 30 of 2022(Filing), as also Mr. P. Faldessai, learned Addl. Public Prosecutor for the respondents in all petitions. Since the rival parties are represented through their Counsel, these Writ Petitions are taken up for disposal.

(3.) Clause XXIV of the consent terms dtd. 3/5/2019 executed between the parties reads as follows:- Both parties have filed various cognizable criminal complaints against each other and third parties alleging commission of non-compoundable offences against each other. Both parties agree that due to the amicable settlement of disputes between the Respondent and the Petitioner, both parties hereby agree to consent to the quashing of the criminal proceedings/First Information Reports pending before the Judicial Magistrate First Class at Mapusa, Goa and the Porvorim Police Station, Mapusa Police Station or any other police station. Both parties shall furnish an Affidavit to each other giving no objection to the quashing of such criminal proceedings/FIR to be filed before the Hon'ble High Court of Bombay at Goa.