Umesh Jayant Gohel And ORS v. The State Of Maharashtra And ANR

511-WP-1021-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1021 OF 2024

1. Umesh Jayant Gohel

2. Jayant Ramji Gohel

3. Nikita Brijesh Gohel

...Petitioners

Versus

1. The State of Maharashtra

2. Hetal Umesh Gohel

...Respondents

....

Mr. N.U. Khan a/w Ms. Sheeba Khan, Advocate for the Petitioners. Ms. Seema Pandya, Advocate for Respondent No.2. Mr. V. A. Kulkarni, APP for the Respondent No.1 - State. ....

CORAM

:

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

DATE :

1st APRIL, 2024.

P.C.

:

1.

Not on board. Taken on board.

2.

The Petitioners are challenging the proceedings in C.C. No.556/PW/2014 pending before the Court of learned Metropolitan Magistrate, 24th Court, Borivali, Mumbai arising out of First Information Report (for short 'FIR') dated 21.10.2014 registered with Malad Police Station, Mumbai vide C.R. No.455 of 2014 for offences punishable under Sections 498-A, 406, 420, 323, 504 & 506 r/w Section 34 of Indian Penal Code (for short "IPC"). 3.

The FIR was registered at the instance of Respondent No.2. The Petitioner No.1 is husband, Petitioner No.2 is father-in-law, Petitioner No.3 is sister-in-law of Respondent No.2. by SAJAKALI LIYAKAT JAMADAR Date:

2024.04.04 17:15:54 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

511-WP-1021-2024.doc 4.

The parties have resolved the dispute. The Respondent No.2 is present in the Court. She is represented by Advocate. She has filed an affidavit dated 28.03.2024 giving consent for quashing the impugned proceedings. The complainant do not wish to proceed with the matter since the differences and disputes between the parties are amicably resolved with the advice of elderly persons in the family. She has no grievance or any grudge or any ill feelings towards the Petitioners and and she is making this affidavit without any coercion, undue influence or pressure.

5.

The dispute is outcome of matrimonial discord between the parties which has been resolved. The complainant has consented for quashing the impugned proceedings. The permanent alimony of Rs.10 Lakhs has been given to Respondent No.2.

ORDER

i) Writ Petition No.1021 of 2024 is allowed and disposed off;

ii) Criminal proceedings in C.C. No.556/PW/2014 pending before the Court of learned Metropolitan Magistrate, 24th Court, Borivali, Mumbai arising out of FIR dated 21.10.2014 registered with Malad Police Station, Mumbai vide C.R. No.455 of 2014 is quashed and set aside. (N. R. BORKAR, J.) (PRAKASH D. NAIK, J.) Sajakali Jamadar