Seema Ravindra Ingale v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2252 OF 2021 Prachi Dangi and Anr.
...Petitioners
Versus
The State of Maharashtra and Anr.
...Respondents
WITH CRIMINAL WRIT PETITION NO. 2255 OF 2021 Seema Ravindra Ingale
...Petitioners
Versus
The State of Maharashtra and Anr.
...Respondents
WITH CRIMINAL WRIT PETITION NO. 5267 OF 2021 Kedar Ravindra Ingale
...Petitioners
Versus
The State of Maharashtra and Anr.
...Respondents
Mr. Ajinkya Badar, Advocate for Petitioner.
Ms. Radhika Ingle i/by Mr. Satish Kamble, Advocate for the Respondent No.2.
Mr. Ajay Patil, APP for Respondent - State.
CORAM :
A. S. GADKARI AND PRAKASH D. NAIK, JJ.
DATE : 24th MARCH, 2023.
PER COURT:- .
Rule. Rule made returnable forthwith with consent of parties, Petitions were heard for final disposal. 1.
The Petitioners in all these Petitions are arraigned as accused in First Information Report No.1482 of 2020 (for short 'FIR') registered with Sahakar Nagar Police Station on 4th October, 2020 for offences under Sections 498-A, 323, 504 of Indian Penal 1/3
Code (for short 'IPC'). The FIR has been registered at the instance of Respondent No.2.
2.
The first informant has alleged that her marriage was performed on 3rd November, 2019 with the Petitioner in Criminal Writ Petition No.5267 of 2021. The Petitioners in Criminal Writ Petition No.2252 of 2021 are sister-in-law and father-in-law of Respondent No.2. The Petitioner in Criminal Writ Petition No.2255 of 2021 is the mother-in-law of Respondent No.2. It is alleged that pursuant to the marriage of Respondent No.2 all the accused had subjected the Respondent No.2/complainant harassment resulting in physical and mental cruelty.
3.
The Respondent No.2 and Petitioner in Criminal Writ Petition No.5267 of 2021, Mr. Kedar Ingale had filed the Petition before the Family Court at Pune being numbered as P.F. No.1524 of 2022 seeking divorce by mutual consent under Section 13(B) of Hindu Marriage Act. Consent terms were incorporated in the Petition for divorce by mutual consent. In accordance with the consent terms the Respondent No.2 had agreed for quashing the criminal proceedings initiated by her vide FIR under challenge in this Petitions with her consent. The Respondent No.2 has also filed an affidavit in all the Petitions supporting the prayer for quashing the FIR registered at her instance vide C.R. No.1482 of 2020. 2/3
4.
The learned Advocate for the Petitioners and Respondent No.2 had jointly submitted that the impugned FIR may be quashed in view of the settlement arrived at between the parties. The Respondent No.2 present in the Court and through her Advocate she has confirmed the averments in the consent terms and affidavit filed by her. She has no objection for quashing the FIR against the Petitioners. As per the consent terms incorporated in the Petition for divorce demand draft for an amount of Rs.3,75,000/- has been handed over to Respondent No.2 in the Court.
5.
Considering the fact that impugned proceedings were registered on account of matrimonial discord between the parties and the fact that they have arrived at amicable settlement the proceedings can be quashed.
ORDER
i.
The First Information Report No.1482 of 2020 registered with Sahakar Nagar Police Station on 4th October, 2020 by Respondent No.2 against the Petitioners is quashed and set aside.
ii.
Rule is made absolute in terms of prayer Clause-I in all the Petitions.
[PRAKASH D. NAIK, J.] [A. S. GADKARI, J.] 3/3