Ajit Gulati v. State Of Maharashtra And ORS..

34-wp-2216-23.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.12.13 15:04:34 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2216 OF 2023 Ajit Gulati

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

DINESH SADANAND SHERLA Mr. Akhilesh Upadhyay for the Petitioner.

Mr.Y.Y. Dabake, APP for the Respondent/State. Mr. J.S. Yadav for Respondent No.2.

CORAM

:

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

DATE :

12.12.2023.

PC:- .

Leave to amend title of the petition. Amendment be carried out forthwith.

2.

The petitioner has approached this Court for quashing of FIR registered with Shirgaon - Parandwadi Police Station, Pimpri Chinchwad vide C.R. No. 25 of 2023 for ofences punishable under Sections 498-A, 323, 504, 506 of Indian Penal Code and Section 11(1)(a) of Prevention of Cruelty to Animals Act, 1960. 3.

The FIR was registered at the instance of respondent No.3 on 29.1.2023. The petitioner is the husband of respondent No.3.

4.

The parties have resolved the disputes. There is reunion of parties. Respondent No.3 is residing alongwith the petitioner at her matrimonial home. The proceedings under the Protection of Women from Domestic Violence Act initiated by Dinesh S. Sherla 1/2

34-wp-2216-23.doc respondent No.3 are withdrawn on account of settlement between the parties.

5.

Respondent No.3 and the petitioner are present in the court. The joint afdavit executed by the petitioner and complainant/respondent No.3 is tendered. Same is taken on record. The afdavit indicates that the petitioner and respondent No.3 have settled the case out of court and residing together happily. There are no diferences and dispute between them. Respondent No.3 has no objection to quash FIR No. 25 of 2023 which is under challenge in this petition. 6.

Considering the fact that there is reunion of parties and both parties are residing together happily, there is no impediment in allowing the petition and quash the FIR.

ORDER

(i) Writ Petition is allowed.

(ii) The C.R. No. 25 of 2023 dated 29.1.2023 registered with Shirgaon - Parandwadi Police Station, Pimpri Chinchwad for ofences punishable under Sections 498-A, 323, 504, 506 of Indian Penal Code and Section 11(1)(a) of Prevention of Cruelty to Animals Act, 1960 is quashed and set aside.

(iii) The Petition stands disposed of (N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dinesh S. Sherla 2/2