BISWAROOP GHOSH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the respondent No. 2.

(2.) By this petition which is filed u/S. 482 of Cr. P. C. and under Article 227 of Constitution of India, the petitioners are seeking order of this Court for quashing of the complaint which is filed by the respondent No. 2 u/S. 498-A r/w 34 of IPC against the petitioners vide F.I.R. No. 338/05 dated 21-12-2005. Petitioner No. 1 and respondent No. 2 got married on 8-12-2003 and after married had broken, petitioner No. 1 went back to his parents and respondent No. 2 lodged a complaint u/S. 498-A of IPC r/w 34 of IPC. Thereafter in July, 2006, petitioner No. 1 filed a Divorce Petition in the Family Court, Bandra. Said petition was converted into petition for divorce by mutual consent. In this petition consent terms were filed on 17-10-2007 and permanent alimony of Rs. 2,00,000/- was paid by the petitioner No. 1 to the respondent No. 2 and petition was decreed and divorce was granted. One of the terms in the consent terms was that the respondent No. 2 would withdraw the complaint which she had filed u/S. 498-A r/w 34 of IPC.

(3.) Parties are present in the Court. We have asked the respondent No. 2 whether she has granted consent for withdrawing the complaint u/S. 498-A r/w 34 of IPC and she has replied in the affirmative. We have also asked Mrs. A. S. Pai, the learned APP to have talk with the respondent No. 2 in order to find out whether consent which was given by her in the Family Court was free consent. Accordingly, the learned APP has asked the respondent No. 2. We have been informed that the respondent No. 2 has stated that consent which was given by her in the Family Court was not under any pressure. Learned APP informed us that charge sheet has been filed.