Nandkumar Kashinath Madhavi v. State Of Maharashtra
2018-02-15
M.S.KARNIK, V.K.TAHILRAMANI
body2018
DigiLaw.ai
JUDGMENT V.K. Tahilramani, A.C.J. - Rule. Rule is made returnable forthwith and the matter is heard finally by consent of the parties. 2. The petitioners are seeking quashing of C.R. No. I-97/2005 of Turbhe Police Station, Navi Mumbai. The said case is under Sections 498-A, 504, 506, 507 r/w 34 of IPC as well as under Section 3(10) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act and Section 7 (a) (b) (c) (d) and 1-A of the Protection of Civil Rights Act. The said case is now pending before the learned JMFC, Vashi and it is numbered as RCC 109 of 2006. 3. Heard learned counsel for the petitioners - original accused Nos. 1 to 3, learned counsel for respondent No. 2 -complainant and learned APP for the State. Petitioner No. 1 is the husband of respondent No. 2 - complainant and petitioner Nos. 2 and 3 are in-laws of respondent No. 2. 4. Respondent No. 2 - complainant is present before the Court. She has stated that the aforementioned C.R. was registered on account of matrimonial dispute and the matter has now been amicably settled between the parties and she is now residing with the petitioner No. 1. She has submitted that in view of the amicable settlement, she does not wish to pursue the case against the petitioners i.e her husband and in-laws. She has also tendered affidavit to the said effect along with copy of her Aadhar Card which are taken on record and marked "X colly" for identification. 5. Learned counsel for the petitioners submitted that in view of the settlement, the case ought to be quashed. Reliance is placed on the decision of the Supreme Court in the case Gian Singh Vs. State of Punjab & Anr , (2012) 10 SCC 303 : (2012 AIR SCW 5333)). In the said decision, it is stated that if there is settlement between the parties in a case relating to matrimonial dispute, the case can be quashed. 6. Looking to the fact that the matter has been amicably settled between the parties and looking to the fact that the complainant does not wish to pursue the case against the petitioners, we are of the opinion that no purpose would be achieved by continuing with the prosecution in the said case.
6. Looking to the fact that the matter has been amicably settled between the parties and looking to the fact that the complainant does not wish to pursue the case against the petitioners, we are of the opinion that no purpose would be achieved by continuing with the prosecution in the said case. In this view of the matter, C.R. No. I-97/2005 of Turbhe Police Station, Navi Mumbai and the proceedings relating thereto are quashed. 7. Rule is made absolute in the above terms. Order accordingly.