Home > IPC > Bombay High Court accepts Man’s unusual request of publishing apology in Newspaper for filling false cases.

Bombay High Court accepts Man’s unusual request of publishing apology in Newspaper for filling false cases.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FAMILY COURT APPEAL NO. 142 OF 2011

Rushabh Parekh …Appellant

Vs.

Meghna Parekh Nee Vora …Respondent

WITH

CRIMINAL APPLICATION NO. 419 OF 2012

IN

CRIMINAL APPLICATION NO. 4324 OF 2009

Rushabh Sudhir Parekh and Ors. …Applicants

Vs.

The State of Maharashtra and Anr. …Respondents

WITH

CRIMINAL APPLICATION NO. 830 OF 2012

Meghna Parekh Nee Vora. …Applicant

Vs.

The State of Maharashtra and Anr. …Respondents

WITH

CRIMINAL APPLICATION NO. 2131 OF 2008

Meghna Rushabh Parekh …Applicant

Vs.

The State of Maharashtra and Anr. …Respondents

WITH

CRIMINAL APPLICATION NO. 5232 OF 2010

Meghna Rushabh Parekh and Anr. …Applicant

Vs.

The State of Maharashtra and Anr. …Respondents

WITH

CRIMINAL REVISION APPLICATION NO. 274 OF 2007

IN

CRIMINAL APPLICATION NO. 156 OF 2010

Meghna Parekh Nee Vora …Applican

Vs.

The State of Maharashtra and Ors. …Respondents

WITH

CRIMINAL WRIT PETITION NO. 2491 OF 2008

Meghna Parekh Nee Vora …Petitioner

Vs.

The State of Maharashtra and Anr. …Respondents

********

Mr. Avinash Avhad i/b Mrs. Racheeta R. Dhuru for the Appellant in FCA no. 142 of 2011,                                                                            for the Applicant in Cr.Appln. no. 419 of 2012, for Respondent nos. 2 to 4 in Cr. Revision Application no. 274 of 2007, for Respondent no. 2 in Cr. Writ Petition no. 2491 of 2008.

Mr. Shyam Mehta, Senior Advocate with Mr. A.H. Ponda, Senior Counsel i/b. Kalpesh Joshi for Respondent in FCA no.142 of 2011, for Respondent no. 2 in Cr.Appln. no. 419 of 2012, for the Applicant in Cr.Appln. no. 830 of 2012.

Mr. A.H.H. Ponda for the Applicant in Cr.Appln. no. 2131 of 2008 and Cr. Appln. no. 5232 of 2010.

Mrs. Racheeta R. Dhuru for Respondent no. 2 in Cr. Appln. no. 2131 of 2008.

Mr. S.V. Kotwal, for Respondent no. 2 in Cr. Appln. no. 5232 of 2010.

Smt. V.R. Bhosale, APP for State.

Rushabh Parekh, Appellant present in-person.

Meghna Parekh Nee Vora, Respondent present in person.

********

CORAM: V.M. KANADE &

P.D. KODE, JJ.

DATE : 4th September, 2012.

P.C.

1. Both the parties have filed consent terms which were taken on record by this court by order dated 30th August, 2012. In clause (2) and (3) of the consent terms, the respondent had agreed to publish an apology in Time of India newspaper and Mumbai Samachar newspaper on Page 3 and in terms of clause (4) only after the said condition was complied, it was agreed that both the parties will proceed further to act upon the present consent terms

2. We have perused the consent terms. We are satisfied that the amicable settlement of the disputes between the husband and wife and in laws of the either side are in the best interest of the husband and wife and their families also. Matrimonial disputes between the parties not only disrupted the family life of the husband and wife but had also resulted into several criminal cases being filed by either side. Allegations and counter allegations were levelled against each other by both the parties. After a suggestion was made by this court, both the parties have now resolved the dispute and differences which have arisen between them and that resulted in filing of the consent terms. The respondent-wife has filed a petition for divorce in the Family Court, which was allowed and against the said Judgment and decree passed by the trial court an appeal was preferred by the husband in this court. Decree is passed in terms of consent terms. Decree be drawn up accordingly. The appellant-husband has now agreed to withdraw the appeal, so that the Judgment and decree passed by the Family Court could get confirmed by virtue of the withdrawal of the appeal. In our view, it is in the interest of both the parties to start their life afresh on a clean slate instead of fighting against each other in various civil and criminal proceedings.

3. The Apex Court in number of cases viz., B.S. Joshi & Others v/s. State of Haryana and Another (AIR 2003 SC 1386), Abasaheb Yadav Honmane v/s. State of Maharashtra, 2008 (1) Bom. C.R.(Cri.) 584, Mansur A. Khan v/s. State of Maharashtra, 2004(Supp.2) Bom.C.R. 693 : 2004 All. M.R. (Cri.) 1911 and Jitendra S. Bhadoria v/s. State of Maharashtra, 2009(1)  Bom.C.R.(Cri.) 688:2008 All.M.R.(Cri.) 898 has held that the High Court while exercising its inherent jurisdiction under Section 482 of the Code of Criminal Procedure and under Article 226 of the Constitution of India is empowered to quash criminal proceedings, if the court comes to the conclusion that the said settlement of dispute between the parties is genuine and it is in the best interest of both the parties and secondly, the court is to be satisfied that the dispute between the parties is personal one. In our view the ratio of the said Judgments clearly apply to the facts of the present case.

4. The Respondent no. 2 has now complied the said condition nos. 2 and 3 by publishing an apology in Times of India newspaper and Mumbai Samachar newspaper. Learned Counsel for the Appellant-husband submits that since the said condition has been complied with, the criminal proceedings pending against the appellant and the respondents may be quashed and set aside.

5. Following complaints accordingly are quashed and set aside :-

a) Criminal case no. 431/PW/2006 is filed by the State of Maharashtra against the appellant and his parents-respondent no. 2 and 3, under the provisions of Section 498A and 406 r/w Section 34 of the Indian Penal Code tried by the Metropolitan Magistrate, 5th Court, Dadar who was pleased to acquit the appellant and respondent nos. 2 and

3. Against the said Judgment and Order passed by the trial court the State had preferred an appeal against acquittal in this court. However, in view of the amendment to section 378, this court had directed the State to file an appeal in the Sessions Court. In our view, since both the parties have amicably settled the dispute and since the consent terms have been filed, it will be appropriate if the complaint itself is quashed, so that the question of State filing a further appeal against the acquittal in the Sessions Court will not arise. Hence the Criminal Application filed by the Appellant-husband being Criminal Application no. 419 of 2012 is allowed in terms of prayer clause

(a) and is disposed of.

b) The private complaint filed by respondent no. 2 in CMM, 5th Court, Dadar against the respondent no.

1, under the provisions of Sections 465, 467, 468, 471, 420 r/w Section 120B of the Indian Penal Code which was registered as MECR no. 4 of 2007 is also quashed and set aside. The charge-sheet also therefore does not survive. Hence Criminal Application no. 830 of 2012 is allowed.

c) Similarly, respondent no.2 also had filed a criminal complaint no. 286/M/2007 for the offence punishable under Section 500 of the Indian Penal Code. In view of the amicable settlement between the parties, the said complaint is quashed and criminal application no. 2131 of 2008 is allowed.

d) Criminal complaint filed by the appellant under Section 500 of the Indian Penal Code and pending before the CMM, 5th Court, Dadar against the respondent no. 1 and her sister Sonali Gandhi is also quashed and set aside and criminal application no. 5232 of 2010 is allowed.

e) Criminal Revision Application no. 274 of 2007 filed by the wife against the appellant-husband is dismissed as withdrawn.

6. Both the parties have withdrawn all allegations which have been made in the petition and in the criminal complaints.

7. All the petitions/applications accordingly are disposed of in the aforesaid terms.

(P.D.KODE. J.) (V.M. KANADE J.)

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