Sachin Harish Chhabria v. State Of Maharashtra And ANR

Seema

106. WP 1246 of 2022spm.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1246 OF 2022 Sachin Harish Chhabria

...Petitioner

vs.

The State of Maharashtra and Anr.

...Respondents

***** Apoorva Thakre i/by Vikrant V. Parashurami - Advocate for the Petitioner Harsh Nishar h/f Niyati Sontakke - APP for the Respondent-State Both parties are present before this Court.

***** CORAM :

PRASANNA B. VARALE & S. M. MODAK, JJ.

DATE :

29th APRIL, 2022 P. C. (Per S. M. Modak, J. ):- .

The Petitioner and Respondent No. 2 are the Husband and wife and their marriage is solemnized on 03/07/2017. Since 17/04/2019, they are residing separately. There is no issue out of said marriage. The F.I.R. bearing Crime No. 122 of 2019 is outcome of the incident that took place on 18/04/2019 and offence No. 122 of 2019 under Sections 323, 325, 498A and 406 was registered with Juhu Police Station. 2.

Apart from that Respondent No. 2 wife has filed a Petition for divorce before the Family Court, Pune. There was a counselling done by Marriage counsellors and both have agreed to take divorce by mutual consent. The terms were reduced in to writing on 23/07/2021. The SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2022.07.08 14:08:53 +0530 *Order modified as per Speaking to Minutes dated 05/07/2022. 1/2

Seema

106. WP 1246 of 2022spm.doc Petitioner has agreed to pay of Rs. 15,00,000/- towards permanent alimony. Demand draft of Rs. 7,50,000/- is deposited with Family Court Pune and remaining amount of Rs. 7,50,000/- is to be deposited by the Petitioner. The Respondent No. 2 has agreed to give co-operation of quashing of prosecution. Copy of the consent terms executed before marriage counsellors is filed on record. The Petitioner and Respondent No. 2 have filed a joint affidavit.

3.

We have heard the learned counsel for the Petitioner and learned APP for the Respondent-State.

4.

As their matrimonial dispute is settled, no purpose will be served by keeping the prosecution pending. Hence the following Order:-

ORDER

(i) The Writ Petition No. 1246of 2022 is allowed. (ii) The F.I.R No. 122 of 2019 registered with Juhu Police Station on 18/04/2019 for the offence punishable under Sections 323, 325, 498A and 406 of the Indian Penal Code is quashed and set aside.

(S. M. MODAK, J.) (PRASANNA B. VARALE, J.) *Order modified as per Speaking to Minutes dated 05/07/2022. 2/2