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2015 DIGILAW 268 (BOM)

Amey Prabhudessai v. State of Goa

2015-01-29

F.M.REIS, K.L.WADANE

body2015
JUDGMENT : F.M. Reis, J. 1. Heard Mr. S.G. Desai, learned Senior Counsel appearing for the petitioners, Mr. D. Lawande, learned Additional Public Prosecutor appearing for the respondent Nos. 1 and 2 and Mr. V.R. Tamba, learned counsel appearing for the respondent No. 3. Rule. Heard forthwith with the consent of the learned counsel. 2. The learned counsel appearing for the respective respondents waive service. 3. The above petition filed under Section 482 of the Criminal Procedure Code inter-alia to quash and set aside an FIR No. 363/2013 dated 30.08.2013 under Sections 498-A, 506,509, 116 read with 34 of the Indian Penal Code. It is pointed out by the learned Senior Counsel appearing for the petitioners that the said FIR was lodged by the respondent No. 3 in connection with the matrimonial dispute between the petitioners and the respondent No. 3. The learned Senior Counsel further submits that the matrimonial dispute has been finally settled by filing consent terms at Exhibit P-4. 4. On perusal of the consent terms, we find that there is a reference therein that the matrimonial dispute has been amicably settled, the above FIR would also be withdrawn by the respondent No. 3. Considering that the matrimonial dispute has now been settled and in view of the judgment of the Apex Court reported in, (2012) 10 SCC 303 : [2013 ALL SCR 171] in the case of Gian Singh Vs. State of Punjab and Another and, (2014) 9 SCC 653 in the case of Yogendra Yadav and others Vs. State of Jharkhand and another, we find it appropriate to quash and set aside the said FIR dated 30.08.2013. 5. In view of the above and for the reasons stated herein above, Rule is made absolute in terms of the prayer clause (a). The petition stands disposed of accordingly.