Pawan Amar Mutreja & Ors. v. State of Maharashtra & Anr.

Mr. Rajesh S. Sharma i/b. M/s. Rajesh S. Sharma & Associates for Petitioners. Mrs. P. P. Bhosale – APP for State. Mrs. Suman Pawan Mutreja – Respondent No. 2 present in person. CORAM : S. A. BOBDE, J. DATED : 23RD SEPTEMBER, 2009. P.C. :

The petitioners have applied for quashing the prosecution initiated by the respondent No. 2 – complainant arising out of the C. R. No. 126 of 2009 registered under section 498(A), 406, 34 of the Indian Penal Code and under section 66 and 67 of the Information and Technology Act, 2000 on the ground that the dispute between the parties is settled.

The dispute arose out of certain incidents in the course of a marriage 2 of the respondent No. 2 – complainant with the petitioner No. 1. The other petitioners are relatives of the petitioner No. 1. Apparently, during the pendency of the prosecution the parties have amicably settled their dispute. The respondent No.2, who is the complainant has filed an affidavit dated 22nd September 2009 stating vide a paragraph 8 that she does not wish to prosecute the petitioners and the parties have already agreed for a divorce by mutual consent under a Memorandum of Agreed Terms dated 9th April,

2009. The respondent No.2 has also appeared in the court and stated that she has withdrawn the prosecution of her own free will and understanding without any coercion from any one. The petitioner No. 1 has also filed an Undertaking dated 23rd September 2009, which is taken on record.

Having regard to the dispute, which is personal in nature in which the public at large is not involved and having regard to the law laid down in the case of Madan Mohan Abbot vs. State of Punjab [(2008)4 S.C.C. 582] and Manoj Sharma vs. State & Ors. [2008(4) KLT 417 (SC)], I consider it appropriate to allow this Writ Petition in terms of prayer clause (b), which reads as follows:

That this Hon’ble Court be pleased to quash and set aside the prosecution arising out of the C.R. No. 126 of 2009 registered under Section 498(A), 406, 34 of the 3 I.P.C. and u/s 66, 67 of the Information and Technology Act, 2000, with the Khar Police Station as against the petitioners;