Manoj Bhuvaneshwar Ranjan And ORS v. State Of Maharashtra And ANR

by ANANT KRISHNA NAIK Date:

2023.10.16 13:26:55 +0530 ANANT KRISHNA NAIK 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1971 OF 2023 Manoj Bhuvaneshwar Ranjan & Ors

...Petitioners

V/s.

State Of Maharashtra & Anr

...Respondents

Ms. Deepali Thakkar for the Petitioners.

Smt. M. M. Deshmukh, APP for the State.

Mr. Mukesh Gupta i/b. Adv. D. S. Joshi for the Respondent No.2 CORAM : NITIN W. SAMBRE & N. R. BORKAR, JJ DATED :

12th OCTOBER, 2023 P.C.:

1.

The prayer is for quashing of the FIR being Crime No. 124 of 2023 registered on 09/04/2023 punishable u/s. 498A of the IPC. 2.

The genesis of the offence is based on the harassment and ill-treatment by the Petitioners to Respondent No. 2/Complainant. 3.

The parties have arrived at settlement and accordingly we are informed that the consent terms dated 24/07/2023 are already placed on record of this Court.

4.

It is further informed that the proceedings for divorce by mutual consent were submitted before the Court of Civil Judge, Senior Division, Panvel by the Respondent No. 2/Complainant and 1/3

2/3 same are under active consideration.

5.

The Petitioner No. 1-husband, who is present in the Court has undertaken to extend consent for divorce by mutual consent in the said proceedings. The said statement is accepted as an undertaking to this Court.

6.

The Respondent No. 2/Complainant acknowledges the receipt of the amount of Rs.30,00,000/- as permanent alimony. 7.

In the aforesaid background, the Consent AfÏdavit, which is placed on record was put to the Respondent No. 2/Complainant through learned APP. Through learned APP, the Respondent No. 2/ Complainant admits to have extended consent for quashing. 8.

In the backdrop of the aforesaid observations and in view of the law laid down by the Apex Court in the matter of Gian Singh vs. State of Punjab and Another reported in (2012) 10 SCC 303 and Narinder Singh & Ors. Vs State of Punjab & Anr. reported in (2014) 6 SCC 466 no purpose will be served by keeping the present proceedings pending against the Petitioners. 9.

That being so, the Petition is allowed in terms of prayer clause (a) subject to payment of cost of Rs.10,000/- to be paid by the each of the Petitioners to the Pasaydan Balvikas Foundation (Central Bank of India, Account No. 2/3

3/3 3775403155, IFSC Code-CBIN0285070) within a period of six weeks from today.

10.

All the Petitioners shall produce the copy of the receipt of payment of aforementioned cost in the Registry within a period of six weeks from today, failing which the order of quashing the proceedings shall stand revived.

(N. R. BORKAR, J) (NITIN W. SAMBRE, J.) 3/3