NATRAJAN SUNDARESAN Vs. STATE OF MAHARASHTRA AND ANOTHER

JUDGEMENT

(1.) The Petitioner husband has filed this Petition for quashing and setting aside FIR bearing No. 282/2012, registered under Sec. 498A, 323 and 504 of Indian Penal Code (IPC) with Yerwada Police Station, Pune in the following background: During Dec., 1993 the Petitioner (husband) met Mrs. Shad Natrajan (nee Masrour) (the wife) (Respondent No.2) who is a Muslim of Iranian origin. They got married in London, U.K. The marriage was registered at Ealing Registration District in UK. In 1994, the Petitioner and Respondent No.2 came back to India after the marriage. They have a daughter (15 years) and a son (10 years) from this wedlock.

(2.) On 5th June, 2012, the Petitioner returned home early and to his utter shock, dismay and disbelief, he caught the wife and Mr. Navjeet Sharma committing adultery. On 18th June, 2012, ironically, instead of taking any action against the wife and her paramour, the Police registered the impugned FIR bearing FIR No. 282/12 under sections 498 A, 323 and 504 of Penal Code against the Petitioner in Yerwada Police Station, based on a complaint filed by the wife. On 27th Aug. 2012, the learned Sessions Court confirmed the interim Anticipatory Bail to the Petitioner.

(3.) The parties have ultimately settled the issues. On 16.12.2016, the Petitioner and Respondent No.2, have filed a joint Petition for divorce by mutual consent under Sec. 28 of the Special Marriages Act, 1954 read with Sec. 18 of the Foreign Marriage Act, 1969.