Vishal Kanayalal Haryani And ORS. v. State Of Maharashtra And ANR

Digitally signed by DINESH SADANAND SHERLA Date:

2023.12.20 17:54:49 +0500 49-apl-906-23.doc DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION NO. 906 OF 2023 1.

Vishal K. Haryani 2.

Kanayalal Haryani 3.

Hema K. Haryani 4.

Bhavana T. Easwaran 5.

Ritu A. Heer ...Applicants

Versus

1.

The State of Maharashtra 2.

Dr. Gauri T. Haryani

...Respondents

Mr. Agastya Desai for the Applicants.

Ms M.H. Mhatre, APP for the Respondent/State. Nishi Singhvi for Respondent No.2.

CORAM

:

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

DATE :

19.12.2023.

PC:- .

Leave to amend prayer clause is granted. Amendment to be carried out forthwith.

2.

The applicants are charge-sheeted for ofences under Sections 498-A, 323, 504 read with 34 of Indian Penal Code. The charge-sheet arising out of FIR dated 30.11.2022 registered with Vimantal (Airport) Police Station, Pune city vide C.R. No.463 of 2022. The FIR has been registered at the instance of respondent No.2.

3.

Applicant No.1 is the husband, applicant Nos.2 and 3 are father-in-law and mother-in-law and applicant Nos.4 and 5 are sister-in-laws of respondent No.2.

4.

Parties have resolved the dispute. Applicant Nos.1 to 4 Dinesh S. Sherla 1/2

49-apl-906-23.doc and respondent No.2 are present in the court. Applicant No.1 and respondent No.2 have fled the consent terms before the Family Court and they have agreed for dissolution of marriage by consent. It is also stated that the parties have amicably settled the dispute and complainant has no objection for quashing the impugned proceedings. Respondent No.2 /complainant has confrmed the contents of consent terms and afdavit fled by her. Afdavit indicates that there is settlement between parties and has no objection for quashing the entire criminal proceedings against all the applicants/accused. The afdavit is taeÙen on record.

5.

Considering the fact that, dispute had arisen on account of matrimonial discord between the parties and since the parties have executed the consent terms and the complainant/ respondent No.2 has confrmed the contents of consent terms and indicated her no objection for quashing the proceedings, there is no impediment in allowing the petition and quash the proceedings.

ORDER

(i) Writ Petition is allowed.

(ii) The proceedings in R.C.C. No. 2885 of 2023 pending on the fle of learned 17th Joint Civil Judge & J.M.F.C., Pune arising out of FIR No. 463 of 2022 registered with Airport (Vimantal) Police Station, Pune are quashed and set aside.

(iii) The petition stands disposed of.

(N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dinesh S. Sherla 2/2