Ravi Ramdas Khaire And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1102 OF 2020 Ravi Ramdas Khaire And Ors.

...Petitioners

Versus

The State Of Maharashtra And Anr.

...Respondents

....

Mr. Himanshu Patil a/w Mr. Siddharth Agrawal, Advocate for the Petitioners.

Adv. Praneta Bafana i/by Mr. Piyush Todkar, Advocate for Respondent No.2.

Mrs. Dhanashree Khaire, Respondent No.2 Present through Video Conferencing (Presently residing at USA).

....

CORAM

:

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

DATE :

4th DECEMBER, 2023.

P.C.

:

1.

The Petitioners are challenging the charge-sheet in R.C.C. No.672 of 2020 arising out of C.R. No.343 of 2018 registered with Chandan Nagar Police Station, Pune for offences under Sections 498(a), 406 r/w 34 of Indian Penal Code (for short 'IPC'). 2.

The First Information Report (for short 'FIR') was lodged by Respondent No.2. The Petitioner No.1 is the husband, Petitioner by SUNNY ANKUSHRAO THOTE Date: 2023.12.07 16:13:09 +0530 SUNNY ANKUSHRAO THOTE No.2 is the father-in-law, the Petitioner No.3 is the mother-in-law and Petitioner No.4 is the brother-in-law. The Petitioner No.2 has expired during the pendency of this Petition.

3.

The Petitioner No.1 is present in the Court. The Respondent No.2 is present through video conferencing. The affidavit sworn by Respondent No.2 and mutual consent settlement agreement executed between the Petitioner No.1 and Respondent No.2 are taken on record.

4.

Learned Advocate for the Petitioners and Respondent No.2 jointly submitted the the parties have resolved their dispute and Respondent No.2. has no objection for quashing the impugned proceedings.

5.

We have perused the affidavit dated 20th November, 2023. In Paragraph No.4 of the affidavit it is stated that the Respondent No.2 has free and voluntary consent for quashing the FIR No.343 of 2018 lodged with Chandan Nagar Police Station and R.C.C. No.672 of 2020 pending before the Court of 5th Joint Civil Judge Junior Division and JMFC, Pune. The mutual consent settlement agreement mentions that both the parties have agreed that peaceful amicable resolution would best serve their respective personal and professional interests. Both the parties further agreed that peaceful amicable resolution is in in the best interest of their daughter. In Paragraph No.9 of the mutual consent settlement agreement, it is stated that both the parties mutually request the

Court to quash the outstanding legal cases pending between them. 6.

The proceedings arise out of matrimonial discord between the parties. In view of the amicable settlement arrived at between the parties, the complainant has no objection for quashing the proceedings. Hence, the relief sought in this Petition can be granted.

ORDER

i.

Criminal Writ Petition No.1102 of 2020 is allowed; ii.

The proceedings in R.C.C. No.672 of 2020 pending before the Court of 5th Joint Civil Judge Junior Division and JMFC, Pune arising out of FIR No.343 of 2018 registered with Chandan Nagar Police Station, Pune are quashed and set aside;

iii.

Petition stands disposed of.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)