Suryaprakash Shivkumar Yadav And ANR v. State Of Maharashtra And ORS

p-512-wp-942-24.doc Digitally signed by DINESH SADANAND SHERLA Date:

2024.03.22 15:28:56 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 942 OF 2024 1.

Suryaprakash S. Yadav 2.

Neha Y. Rajput

...Petitioners

Versus

1.

The State of Maharashtra 2.

The Sr. Inspector of Police 3.

Mrs. Shruti S. Yadav

...Respondents

Mr. Rajendra Singh Saluja a/w. Mr. Vipul Jain i/b Mr. Arshad Khan for the Petitioners.

Mr. A.S. Shalgaonkar, APP for the Respondent. Mr. Sanjay V. Vishwakarma for Respondent No.3.

CORAM

:

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

DATE :

21.03.2024.

PC:- 1.

Not on board. Taken on board.

2.

The petitioners are challenging the proceedings arising out of the FIR registered with Antophill Police Station vide C.R. No.628 of 2021 for the ofences under Sections 377, 498-A, 352, 366 509, 323, 504 and 506 read with 34 of the IPC and Section 66(E) and 67 of the I.T. Act.

3.

The parties have resolved the dispute. The consent terms were executed by petitioner No.1 and respondent No.3. The marriage has been dissolved by mutual consent. 4.

Respondent No.3 is present in the court. The petitioners are also present in the Court. Respondent No.3 has no objection for quashing the impugned proceedings. She has Dinesh S. Sherla 1/2

p-512-wp-942-24.doc filed the afdavit-cum-no objection for quashing the proceedings.

5.

The afdavit filed by respondent No.3 indicates that either party have withdrawn the proceedings against each other except the present case. The complainant has received Rs.3 Lakhs from petitioner No.1 vide D.D. dated 13.07.2023 in accordance with consent terms dated 28.07.2023. The complainant has also received Streedhan on the same day and now no dispute is pending between the parties. She has no objection if the Court quashes the impugned FIR and the proceedings pending before the Court. The afdavit is taken on record.

6.

Considering the nature of dispute and since the parties have resolved the dispute, the proceedings can be quashed.

ORDER

a] Writ Petition is allowed.

b] The proceedings in Sessions Case No.941 of 2022 pending before the Court of Sessions at Greater Bombay arising out of FIR registered with Antop Hill Police Station vide C.R. No. 628 of 2021 are quashed and set aside. (N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dinesh S. Sherla 2/2