Allowed

Ratnakar Vishwanath Pagare and Ors. v. the State of Maharashtra and Anr.

Bombay HC30 Jul 2018APL/648/2016

Case brief

AI extract

What is this about?

High Court disposed of three quashing applications regarding a matrimonial FIR involving sections 498A, 307, 406, and 506 IPC. The court allowed quashing based on a settlement, affixation of divorce by mutual consent, and sworn statements from the complainant, her parents, and the accused denying any desire to proceed.

What did the court decide?

Criminal Applications No. 648 of 2016, 649 of 2016 and 1127 of 2016 allowed and made absolute to quash the FIR proceedings.

Ratnakar Vishwanath Pagare and Ors. Vs the State of… — Matrimonial and Divorce | Bombay HC (2018)

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(501) apl-648.18-aw-649.16&1127.16.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.648 OF 2016

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Ratnakar Vishwanath Pagare and ors. : Applicants. Versus The State of Maharashtra and anr. : Respondents.

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ALONG WITH CRIMINAL APPLICATION NO.649 OF 2016

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Manjiri Peter Gaikwad and anr : Applicants. Versus The State of Maharashtra and anr. : Respondents.

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ALONG WITH CRIMINAL APPLICATION NO.1127 OF 2016

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Mandar Daniel Pagare and anr. : Applicants. Versus The State of Maharashtra and anr. : Respondents.

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Mr. Pandit Kasar for the Applicants in all the Applications. Mr. Suryajeet P Chavan for the Respondent No.2 in all the Applications. Mrs. S D Shinde, APP for the Respondent/State.

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CORAM : R. M. SAVANT & REVATI MOHITE DERE, JJ. DATE : 30^th JULY 2018

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P.C.

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1 Not on board. Mentioned for quashing of the proceedings by consent as the parties have come from places which are out of Mumbai.

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2 The above Criminal Applications have been filed for quashing of the FIR being No.I-51 of 2016 registered with Koparkhairne Police Station, Navi Mumbai on 10/02/2016 against the Applicants in all the above Criminal

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Applications, which FIR has been registered for the offences punishable under Sections 498A, 307, 406, 506 r/w 34 of the Indian Penal Code. The said FIR is a fall out of the matrimonial dispute between the first informant i.e. the Respondent No.2 – Archana Mandar Pagare and the Applicant No.1 in the Criminal Application No.1127 of 2016 – Mandar Daniel Pagare. It is not necessary to dilate further on facts.

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3 The Respondent No.2 herein – Archana Mandar Pagare has filed an affidavit in the above Criminal Application No.648 of 2016 bearing today's date i.e. 30/07/2018 and affirmed in this Court. To the said affidavit are annexed the papers relating to the Marriage Petition No.1 of 2018 filed under the Indian Divorce Act, 1869 for divorce by mutual consent under Section 10A of the said Act. In paragraph 3 of the said affidavit it is mentioned that wife Archana would be paid an amount of Rs.5,51,000/- as permanent maintenance by husband Mandar. As indicated above the Respondent No.2 Archana has filed the affidavit in the above Criminal Application No.648 of 2016. Paragraphs 4 and 5 of the said affidavit are material and are reproduced herein

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under :-

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“4 I say that pursuant to the settlement entered inter se between the parties, Archana Pagare and Mandar Pagare filed Divorce Petition bearing No.1/2018 by consent before the learned District Court of Sangamner at Sangamner. The copy of the Divorce Petition bearing No.1/2018 is herewith annexed and marked as “ExhibitA”

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5 I say that the present Affiant has no objection to the application taken out by the Applicants under section 482 of the Code of Criminal Procedure be allowed and furthermore in view of the settlement, the prayers in the criminal application may kindly be allowed with an immediate effects”

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The Respondent No.2 Archana has also filed identical affidavits in the companion Criminal Application Nos.649 of 2016 and 1127 of 2016.

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4 The Respondent No.2 – Archana Mandar Pagare is personally present in Court. She is identified by the learned counsel Shri Suryajeet P Chavan. She is also identified by her Aadhar Card bearing No.606911639569 which is in her maiden name Archana Arvind Sangale. When put in the box and queried, she accepts that the affidavits tendered by her learned counsel dated 28/07/2018 and 30/07/2018 are hers. She further states that she has filed the said affidavits in view of the settlement between her and the Applicant No.1 Mandar Pagare in Criminal Application No.1127 of 2016. She states that she has filed the said affidavits of her own will and free volition. She lastly states that in view of the settlement she is not desirous of proceeding with the FIR in question.

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5 The Applicant No.1 in Criminal Application No.1127 of 2016 – Mandar Daniel Pagare is also personally present in Court. He is identified by the learned counsel Shri Pandit Kasar. He is also identified by his Aadhar Card

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bearing No.824664230551. When put in the box and queried, he accepts the factum of settlement having taken place between the parties as a result of which the Respondent No.2 is not desirous of proceeding with the Fir in question.

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6 The father of the first informant viz Arvind Ramkrushna Sangale is also personally present in Court. He is identified by the learned counsel Shri Suryajeet Chavan. He is also identified by his Aadhar Card bearing No.517133602798. When put in the box and queried, he accepts the factum of the settlement having taken place between his daughter i.e. the Respondent No.2 and the Applicant No.1 Mandar Pagare. He also states that he is also not desirous of his daughter proceeding with the FIR in question.

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7 The mother of the Respondent No.2 viz. Baby Arvind Sangale is also personally present in Court. She is identified by the learned counsel Shri Suryajeet Chavan. She is also identified by her Identity Card issued by Dnyanamata Vidyalaya & Junior College, Ngar Road, Sangamner where she is working as Librarian. She is graduate as also has bachelor degree in Library Science. When put in the box and queried, she accepts the settlement arrived at between her duaghter and the Applicant No.1 Mandar Pagare. She is also not desirous of her daughter proceeding with the FIR in question.

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8 The mother of the Applicant No.1 Mandar viz Smt. Asha Daniel Pagare is also personally present in Court. She is identified by the learned counsel Shri Kasar Pandit. She is also identified by her Aadhar Card bearing No.849904607522. When put in the box and queried, she accepts the factum of the settlement arrived at between her son i.e. the Applicant No.1 Mandar Pagare and the Respondent No.2 i.e. her daughter in law.

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9 The other Applicants in the above Criminal Applications are also personally present in Court. They are the relations of the Applicant No.1 Mandar Pagare. It is not necessary to record their statements in view of the statement recorded of the mother of the Applicant No.1 and the statement of the Applicant No.1 Mandar Pagare.

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10 Having regard to the affidavits filed by the Respondent No.2 in each of the above Criminal Applications, the proceedings for divorce by mutual consent filed under the Indian Divorce Act, 1869 by the Applicant No.1 Mandar Pagare and the Respondent No.2 Archana Pagare, as aslo the statements made by the Respondent No.2, parents of the Respondent No.2, the Applicant No.1 and his mother when put in the box and queried, the same unequivocally indicate that the parties have settled their dispute as a result of which the Respondent No.2 is not desirous of proceeding with the FIR in question.

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11 In the said context a useful reference could be made to the judgment of the Apex Court in the matter of Gian Singh V/s State of Punjab & Anr reported in (2012) 10 SCC 303 and Narinder Singh & ors v/s. State of Punjab & Anr reported in 2014 AIR SCW 2065 , which would assit in quashing of the FIR in question having regard to the facts and circumstances of the present case.

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12 The above Criminal Applications are therefore required to be allowed and are accordingly allowed and made absolute in the following terms:-

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