Jaydeep Jitendra Nagrecha And ANR v. State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2024.03.07 17:51:29 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 715 OF 2024 1.

Jaydeep J. Nagrecha 2.

Jitendra V. Nagrecha 3.

Dakshaben J. Nagrecha

...Petitioners

Versus

1.

State of Maharashtra 2.

Dipti Nagrecha

...Respondents

Mr. Shekhar Jagtap a/w. Mr. Venkatesh Shinde and Mr. Akash Pandey i/b J. Shekhar Associates for the Petitioners. Mr. A.S.Shalgonkar, APP for the Respondent/State. Ms Jagruti Vemula for Respondent No.2.

Respondent No.2 in person present.

CORAM

:

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

DATE :

06.03.2024.

PC:- 1.

Leave to amend the prayer clause "a". Amendment be carried out forthwith.

2.

The petitioners are charge-sheeted for the ofences under Sections 498-A, 313, 406, 504 and 506 read with 34 of the Indian Penal Code (IPC). The frst information report (FIR) was registered on 19.03.2018 at the instance of respondent No.2. 3.

It is jointly submitted by learned counsel for the petitioners and respondent No.2 that the parties have resolved 1/3

the dispute. The consent terms were executed. In view of consent terms and settlement between the parties, the impugned proceedings can be quashed with the consent of respondent No.2/complainant.

3.

Respondent No.2/complainant is present in the Court. She has no objection for quashing the impugned proceedings. The consent terms are annexed to this petition. As per the consent terms, the petitioner No.1 shall pay amount of Rs.57,00,000/- towards full and fnal settlement towards maintenance and upkeep expenses for daughter (Pearl). Amount of Rs.1,00,000/- has already been paid to respondent No.2 and balance amount of Rs.56,00,000/- is to be handed over to respondent No.2 by 07.03.2024 before the Family Court, Bandra where the proceedings for dissolution of marriage are pending. 4.

Considering the fact that the parties have resolved the dispute amicably and in view of execution of consent terms, the impugned proceedings can be quashed O R D E R A] Writ Petition is allowed.

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B] The impugned proceedings in Sessions Case No. 729 of 2018 pending before the Sessions Court, Court No.39, City Civil and Sessions Court at Gr. Bombay arising out of FIR No. 75 of 2018 registered with Sion Police Station, Mumbai are quashed and set aside.

C] In the event, the parties are not adhering to the consent terms, the proceedings initiated by both sides shall stand revive.

(N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 3/3