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IN THE HIGH COURT OF JUDICATURE AT

BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2023

DISTRICT : PUNE

IN THE MATTER OF ARTICLE 226

OF THE CONSTITUTION OF

INDIA;
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AND

IN THE MATTER OF SECTION

482 OF CODE OF CRIMINAL

PROCEDURE 1973;

AND

IN THE MATTER OF F.I.R

BEARING C.R. NO. 401/2023

DATED 22/05/2023 PUNISHABLE

UNDER SECTION U/SEC 135 OF

THE ELECTRICITY ACT, 2003

REGISTERED WITH LONIKAND

POLICE STATION, PUNE;

1. Mr. Saheb Mukunda Barman )

Age- 37 years, Occu: Service )

2. Mrs. Alo Mukunda Barman )

Age- 60 years, Occu: Housewife )

Petitioner. No. 1&2 Residing at )

Dream Residency Manor, Block 2, )

Flat No. 6A, Salua, Kali Park, Rajarhat )

Road, Kolkata-700 136. )

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3. Mrs. Jayshree Paul )

Age- 40 years, Occu: Housewife )

Residing at: Residing at 1, Niranjan Pally, )

Kalipark, Sourav Ganguly Avenue, )

Kolkata- 700136. )

...Petitioners

Versus

1. State of Maharashtra )

(At the instance of )

‘Andheri MIDC’ Police Station, Mumbai )

(C. R. No. 38 of 2021) )

2. Mrs. Kripa Ray )

Age- 33 years, Occu- Service )

Residing at 1704, Acacia, Vasant Oasis

Marol Makwana road, Andheri (East),

Mumbai- 400059

).Respondents

TO,
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THE HON’BLE THE CHIEF JUSTICE

AND THE OTHER HON’BLE PUISNE

JUDGES OF THE HIGH COURT OF

JUDICATURE AT BOMBAY.

THE HUMBLE PETITION OF THE

PETITIONERS ABOVENAMED

MOST RESPECTFULLY SHOWETH:

1. The Petitioners state that, the Petitioners have

approached this Hon’ble Court under Article 226 of the

Constitution of India read with Section 482 of the Criminal

Procedure Code, 1973 for seeking quashing of the FIR

bearing C. R. No. 38/2021 with MIDC Andheri

Police station u/s 323, 498A, 504 and 506 r/w 34 of

Indian Penal code, on the ground of the amicable

settlement by way of filling Consent Terms between the

Respondent No.2 and Petitioner No. 1.

2. The Petitioners state that they are the citizens of

India and are entitled to all the fundamental rights

enshrined in the Constitution of India, 1950 and they are

residing at the address as mentioned in the cause title of

this Writ Petition along with his family members for last

several years and The Petitioner No. 1 and Respondent No.

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2 are inter se Husband and wife. The Petitioner No. 2 is the

mother of Petitioner No. 1 whereas Petitioner No. 3 is the

sister of Petitioner No. 1. The father of the Petitioner No. 1,

who was arraigned as a co-accused in the C R. No. 38 of

2021, is not made a party in the afore-said Petition as he

has passed away on 07/05/2022.

3. The Petitioners state that the Respondent No. 2 filed

the F.I.R. bearing C.R. No. 38/2021 on 23/01/2021 u/s

323, 498A, 504 and 506 r/w 34 of IPC against the

Petitioners with ‘Andheri MIDC’ Police Station, Mumbai.

Hereto annexed and marked as Exhibit “A” is the copy of

FIR bearing C. R. No. 38/2021

4. The Petitioners state and submit that, the

Respondent No.1 is the State of Maharashtra who is

responsible for law and order of the state and the FIR has

been registered with ‘Andheri MIDC’ Police Station,

Mumbai. The Respondent no. 2 is Original Complainant

who has registered the FIR bearing C. R. No. 38/2021

against the Petitioners.

THE BRIEF FACTS ARE AS UNDER: -

A. The Petitioner No. 1 and the Respondent No. 2 got

married on 06/06/2015 in Mumbai by Hindu rituals

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under Hindu Marriage Act, 1955 and were living

together at Flat no.1704, Acacia, Vasant Oasis, Marol,

Makwana Road, Andheri (East), Mumbai-400059.

That, no issue is born out of this wedlock. The

Petitioner No. 1 and the Respondent No. 2 are

qualified Chartered Accountants and both are

employed.

B. The Respondent No. 2 on 23rd January,2021 lodged the

FIR bearing C.R. No.38/2021 against the Petitioner

No. 1, 2, 3 and father of Petitioner No. 1 (who passed

away on 07/05/2022) with the allegation set out in the

said FIR u/s 323, 498A, 504 and 506 r/w 34 of I.P.C.

with MIDC Andheri Police Station, Mumbai.

Therefore, Petitioner No. 1, 2 and 3 preferred an

Application for grant of Anticipatory Bail before the

Hon’ble Sessions Court, Dindoshi, (Borivali Division),

Goregaon, Mumbai, which came to be partly allowed

by the Hon’ble Sessions Court vide order dated

24/09/2021 thereby granting the anticipatory bail to

the Petitioner No. 2 and 3 and further rejected the

anticipatory bail application of Petitioner No. 1.

Therefore, the Petitioner No. 1 preferred an

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Application for grant of Anticipatory Bail before the

Hon’ble High Court and vide order dated 04/10/2021

this Hon’ble Court allowed the said application and

was pleased to grant the an Anticipatory Bail to

Petitioner No. 1. Further, the Petitioner No. 2 and 3

preferred an application before the Hon’ble Sessions

Court, Dindoshi, Mumbai for relaxation of condition

imposed in Order dated 24/09/2021 while granting an

Anticipatory Bail to them, which was allowed by the

Hon’ble Sessions Court, Dindoshi, Mumbai vide order

dated 29/12/2021.

C. The Respondent no. 2 had filed the DV proceedings

bearing C.C. no. 65/DV/2021 against the Petitioner

No. 1, 2, 3 and father of Petitioner No. 1 (who passed

away on 07/05/2022) before the Ld. Addl. Chief

Metropolitan Magistrate 22nd Court at Andheri.

D. The Petitioners state that, pending the DV proceedings

bearing C.C. no. 65/DV/2021, in due course, the

Petitioner No. 1 & the Respondent No. 2 entered into a

compromise.
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E. The Petitioners state that, the Petitioner No. 1 and

Respondent No. 2 who are interse Husband and Wife

respectively have amicably settled their dispute and

grievances against each other in their matrimonial

relationship with the help of mediation by the

advocates, considering that they are young and have a

long way to go they have signed the Consent Terms

dated 05/12/2022 and agreed to comply with the

terms and conditions mentioned in the said Consent

Terms and has filed the said consent terms before the

Court of Ld. Addl. Chief Metropolitan Magistrate 22 nd

Court, at Andheri. Hereto annexed and marked as

EXHIBIT-“B” is the copy of Consent Terms filed by

Petitioner No.1 and Respondent No.2 in the Court of

Ld. Addl. Chief Metropolitan Magistrate 22nd Court, at

Andheri.

F. The Petitioner No. 1 and the Respondent No. 2 have

entered into consent terms, they have decided, by

execution of consent terms, as follows:

G. The Petitioner No. 1 upon execution of the present

consent terms has transferred his undivided share in

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the flat no.1704, Acacia, Vasant Oasis, Marol,

Makwana Road, Andheri (East), Mumbai 400 059 to

the Respondent No. 2 under registered Gift Deed

dated 06/12/2022 bearing No. ?//////////////.

Hereto annexed and marked as EXHIBIT-“C” is the

copy of the Index II of the said Gift Deed.

H. In addition to Point (G) above, The Petitioner No. 1

upon execution of the present consent terms has paid

Rs.16,50,000/- (Rs. Sixteen Lakhs and Fifty thousand)

to the Respondent No. 2 as full and final settlement of

claims of the Respondent No. 2 herein for past,

present and future. Hereto annexed and marked as

EXHIBIT-“D” is the copy of the payment made to the

Respondent No. 2.

I. The Respondent No. 2 upon execution of the said

consent terms and post completion of terms of said

Consent Terms by Respondent No. 1 has withdrawn the

DV proceedings on 06/12/2022 bearing C.C. NO.

65/DV/2021 filed in the Court of Ld. Addl. Chief

Metropolitan Magistrate 22nd Court at Andheri against

the Petitioner No, 1, 2 and 3. Hereto annexed and

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marked as EHIBIT-‘’E’’ is the copy of the order dated

06/12/2022 passed in C.C. NO. 65/DV/2021.

J. The Petitioners state that, the Petitioner No. 1 and

Respondent No. 2 in view of said Consent Terms has

already filed for divorce by mutual consent before the

Hon’ble Family Court in Bandra, Mumbai bearing

Petition ‘F’ No. 7955/2022. Hereto annexed and

marked as Exhibit “F” is the copy of the case status

divorce petition bearing Petition ‘F’ No. 7955/2022.

K. The Petitioners state that, the Petitioner No. 1 and the

Respondent No. 2 have agreed that their respective

personal material, documents, jewellery, electronics,

etc. all have been exchanged and that there is now no

exchange is pending between them therefore they

declare that there is no claim against each other.

L. The Petitioners state that, the Petitioner No.1 and

Respondent No. 2 have agreed and undertaken that

they will not interfere in each other’s life, and will not

file any civil/criminal proceedings against each other

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and their Families for events that happened in the

past.

5. The Petitioners state that, it is in the interest of the

Parties i.e., Petitioners, the Respondent No. 2 as well

as interest of justice, that as the above dispute is

amicably resolved as the matrimonial dispute. The

Petitioners state that, there is no purpose in

compelling them to prosecute the criminal

proceedings in which they have lost all their interest.

6. The Petitioners state that, they are approaching this

Hon’ble Court for seeking quashing of FIR bearing C.

R. No. 38/2021 with MIDC Andheri Police

station u/s 323, 498A, 504 and 506 r/w 34 of

Indian Penal code, on the ground of the amicable

settlement by way of filling Consent Terms between

the Respondent No.2 and Petitioner No. 1, and the

Petitioners state that this Hon’ble Court may be

pleased to exercise its powers under Article 226 of the

Constitution of India read with Section 482 of the

Criminal Procedure Code, 1973, and may be pleased

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to quash the impugned FIR on the following amongst

other grounds:

GROUNDS

A) That both the Petitioner No. 1 and the Respondent

No. 2 have amicably resolved the dispute by way of

filling Consent Terms between the Respondent

No.2 and Petitioner No. 1.

B) That both the Petitioner No. 1 and the Respondent

No. 2 do not want to have any grudge against each

other, nor they have any allegation against each

other.

C) That in light of the fact that the Petitioner No. 1

and the Respondent No. 2 have buried their

disputes, the continuation of the proceedings

further would be an abuse of the process of law

and hence the FIR and all proceedings subsequent

thereto deserves to be quashed.

D) That some of the offences against the Petitioner

are non-compoundable in nature as a result of

which the only effective remedy which is available

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to the Petitioner is by way of filing of the present

petition.

E) That the Petitioner states that in view of the

amicable settlement arrived at between the

Petitioner No. 1 and the Respondent No. 2, there

would be no further purpose served by wasting of

precious judicial hours during trial and hence the

FIR and all proceedings subsequent thereto may

be quashed.

F) That in light of the fact that the Respondent No.2

does not wish to prosecute the matter further, the

criminal proceeding deserves to be quashed and

set aside.

G) That, Petitioner states that in view of the amicable

settlement between the Petitioner and the

Respondent No.2, no further purpose would be

served by keeping the criminal proceedings

pending as the same would be wastage of precious

time of the Ld. Trial Court and it is in these

circumstances that the criminal proceeding is may

to be quashed.
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H) That the offences, which are alleged in the FIR,

which is filed against the Petitioner, are not of

such a nature which would have a deep impact on

the society; neither are they of heinous nature so

as to have a deep impact on the society. The

dispute as alleged in the FIR seems to be of a

personal nature which is not likely to affect the

society at large.

I) That the ends of justice would be secured in the

event the criminal proceeding initiated against the

Petitioners are quashed and set aside by the

exercise of inherent powers by this Hon’ble Court.

J) Hearing and final disposal of the present Petition

is likely to consume a substantial period of time

and it is in these circumstances that the further

proceedings in connection with FIR bearing C. R.

No. 38/2021 with MIDC Andheri Police

station u/s 323, 498A, 504 and 506 r/w 34 of

Indian Penal code is required to be stayed

pending the hearing and final disposal of the

present Petition.
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7. The Petitioner further states that the

Petitioners are having deep roots in the

society and do not have any earlier

antecedents against them.

8. The Petitioners have not filed any Petition

before this Hon’ble Court and before

Hon’ble High Court previously.

9. The Petitioners crave leave to add, alter,

amend and delete any of the paragraphs and

prayers of this present Petition.

10. The subject matter of this Criminal Writ Petition

falls within the territorial jurisdiction of this Hon’ble

Court and therefore, this Hon’ble Court has

jurisdiction to entertain, try and dispose of the same.

11. The Petitioners has no other alternate efficacious and

speedy remedy available than to approach this

Hon'ble Court by way of the present Writ Petition.

12.The Petitioners have paid requisite Court fee of Rs.

13.The Petitioner No. 1 is the son of Petitioner No. 2 and

real brother of Petitioner No. 3 therefore, verification

clause be dispensed with Petitioner No.2 and 3.

14. Under these circumstances, the

Petitioners therefore prays that:
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(a)that this Hon’ble Court may be pleased to exercise

its powers under Article 226 of the Constitution of

India, read with Section 482 of the Criminal

Procedure Code, 1973, and may be pleased to quash

and set aside the F.I.R bearing C.R. NO. 38/2021

dated 23/01/2021 registered with MIDC Police

Station, Andheri, Mumbai.

(b) that pending the hearing and final disposal of

the present petition, further proceedings/

investigation in connection with F.I.R bearing C.R.

NO. 38/2021 dated 23/01/2021 registered with

MIDC Police Station, Andheri, Mumbai, may be

stayed;

(c)Ad interim relief in terms of prayer clause (b) may

be granted;

(d) Any other relief that this Hon’ble Court may

deem fit and proper in the facts and circumstances

of the case be granted to the Petitioners.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS

AS IN DUTY BOUND SHALL EVER PRAY.

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KOLKATA

DATED

Advocate for the Petitioners Petitioner No.1

(Mr. Saheb Mukunda

Barman)

Petitioner No.2

(Mrs. Alo Mukunda Barman)

Petitioner No.3

(Mrs. Jayshree Paul)

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VERIFICATION

I, Saheb Mukunda Barman, the Petitioner No.1 for himself

and on behalf of Petitioner No.2 & 3 abovenamed, do

hereby state on solemn affirmation that what is stated in

aforesaid Criminal Writ Petiion is true to my knowledge,

information and belief, which I believe to be true and

correct.

Solemnly affirmed at Kolkata )

On this day of December, 2022)

Identified by me,

Before me,

Advocate for the Petitioners