Girish Chander Purswani v. State of Maharashtra
Girish Chander Purswani v. State of Maharashtra
In the High Court of Bombay
Crl. App. 1058/2021
Before Justice Prasanna B. Varale and Justice Surendra P. Tavade
Decided on February 14, 2022
Relevancy of the case: Petition to quash an FIR after an amicable settlement between the parties in a case involving marital disputes and unauthorised access to devices
Statutes and Provisions Involved
- The Information Technology Act, 2000 (Section 43)
- The Indian Penal Code, 1860 (Section 34, 323, 406, 498A, 504, 506, 509)
Relevant Facts of the Case
- The first applicant was married to the second respondent. However, there was discord between the couple on various grounds. As a result, the second respondent filed an FIR against the first application.
- The second respondent also initiated proceedings in the family court. During the pendency, the parties decided to resolve the legal dispute amicably.
- The parties decided on the settlement terms, which were submitted before the Sessions Court. Per the above terms, the second respondent has no objection if the court quashes the FIR. Moreover, the second respondent has no objection to returning the hard disk to the first applicant.
Opinion of the Bench
- The continuation of proceedings against the first applicant would be futile. The applicant has made a case for quashing the FIR.
- The second respondent has no objection to returning the hard disk to the first applicant.
Final Decision
- The bench allowed the application for quashing FIR and accepted the prayer to return the hard disk to the first applicant.