Pravin Sagar And ORS. v. State Of Maharashtra And ANR

Digitally signed by DINESH SADANAND SHERLA Date:

2024.03.07 17:52:23 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 905 OF 2023 1.

Pravin Sagar 2.

Kanchan P. Sagar 3.

Vidhi D. Dhanak 4.

Meera P. Sagar 5.

Parth P. Sagar 6.

Kritika Trivedi

...Petitioners

Versus

1.

State of Maharashtra 2.

Bhoomika P. Sagar

...Respondents

Mr. Anuj Jhaveri and Mr. Aashish Darne i/b PSL Advocates and Solicitors for the Petitioners.

Ms K.T. Hivarale, APP for the Respondent/State. Mr. Vatsal A. Thakkar for Respondent No.2.

CORAM

:

PRAKASH D. NAIK & N. R. BORKAR, JJ.

DATE :

06.03.2024.

PC:- 1.

Learned Advocate for the petitioners is permitted to fle Vakalatnama on behalf of petitioner No.6 within a period of two weeks.

2.

The petitioners are challenging the proceedings arising out of FIR dated 17.10.2022 registered with Arnala Police Station vide C.R. No. 331 of 2022 for ofences under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code (IPC).

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3.

It is submitted that the parties have resolved the dispute. Petitioner No.5 and respondent No.2 has agreed to fle petition for divorce by mutual consent.

4.

Respondent No.2 is present through V.C. She has no objection for quashing the impugned FIR. She has fled the consent afdavit for quashing the proceedings. 5.

The petitioner No.1 has passed away during pendency of the petition. Petitioner No.2 is the mother-in-law, petitioner Nos.3 and 4 are the sister-in-laws and petitioner No.5 is the husband of respondent No.2. Petitioner No.6 is the friend of petitioner No.5.

6.

Considering the fact that, dispute had arisen on account of matrimonial discord between the parties and since the parties have resolved to put an end to the proceedings amicably, there is no impediment in allowing the petition and quash the FIR.

O R D E R

(i) Writ Petition is allowed.

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(ii) The C.R. No. 331 of 2022 dated 17.10.2022 registered with Arnala Police Station for the ofences under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code is quashed and set aside. (iii) The Petition stands disposed of (N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 3/3