AMOL SURESHRAO POTBHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicants; learned Additional Public Prosecutor for respondent no. 1-State and learned counsel for respondent no. 2. Admit. Heard finally by consent of parties.

(2.) This application has been field with a prayer to quash the criminal proceedings in Regular Criminal Case No. 684 of 2014 initiated on the basis of complaint lodged by respondent no. 2 alleging her harassment and cruelty as contemplated under Sec. 498A of the Indian Penal Code. Applicant no. 1 Amol and respondent no. 2 Sau Sonu @ Priya - husband and wife, who are at loggerheads and quarrelling on account of multiple differences and disputes between them, have ultimately decided to amicably settle the differences and dispute. The petition for divorce by consent filed by them before the Family Court, has been allowed by judgment and order dated 1st Oct. 2014. They had filed memorandum of understanding dated 4.9.2014 before the Family Court (page 19 of the present application). Clause (3) of this memorandum of understanding is relevant for the present purpose. It indicates unequivocally that the husband and wife (now divorced) have decided to finally put an end to the criminal proceeding in Regular Criminal Case No. 684 of 2014 in a peaceful manner. They have also agreed to join hands with each other in doing so. So far as applicants no. 2 to 7 are concerned, they appear to have been only incidentally dragged in the dispute between the main parties, ex-husband ex-wife. Therefore, intention between the main parties would equally apply to the remaining parties. Learned counsel for respondent no. 2 has no objection. Learned APP states that appropriate orders in the interest of justice may be passed.

(3.) The law governing such matters has been settled. The Honourable Apex Court in its judgment in Gian Singh Vs. State of Punjab and anr (Special Leave Petition (Cri) No. 8989 of 2010 : [2013 ALL SCR 171] has observed that in certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of natrimony, family dispute where the wrong is basically to victim and the offender and victims have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power under Sec. 482 Crimial P.C., quash the criminal proceedings or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated.