Sunil Pandurang Patil And ANR v. The State Of Maharashtra And ANR

p-502-wp-5784-21.doc Digitally signed by DINESH SADANAND SHERLA Date:

2024.03.22 15:27:07 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5784 OF 2021 DINESH SADANAND SHERLA 1.

Sunil P. Patil 2.

Sunanda P. Patil 3.

Pandurang Patil 4.

Pramod P. Patil 5.

Namdev Patil

...Petitioners

Versus

1.

The State of Maharashtra 2.

Shweta S. Patil

...Respondents

Ms Sonali Pawar for the Petitioners.

Mr. Y.M. Nakhawa, APP for the Respondent/State. Advocate Anandini Fernandes, Appointed Advocate for Respondent No.2.

CORAM

:

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

DATE :

21.03.2024.

PC:- 1.

Not on board. Taken on board.

2.

The petitioners are charge-sheeted for the ofences under Sections 498-A and 406 read with 34 of the IPC. The FIR was registered at the instance of respondent No.2 on 14.02.2020 with Manikpur Police Station vide C.R. No. 56 of 2020. 3.

Petitioner No.1 is the husband, petitioner No.2 is the mother-in-law, petitioner No.3 is the father-in-law and petitioner No.4 is the brother-in-law of respondent No.3. Petitioner No.5 is the uncle of petitioner No.1. 4.

The respondent No.2/complainant fled the petition for Dinesh S. Sherla 1/2

p-502-wp-5784-21.doc divorce before the Family Court at Thane and in view of settlement between the parties, it is agreed that the marriage will be dissolved by seeking divorce by mutual consent. 5.

Respondent No.2/complainant is present in the Court. She has fled the afdavit. She has no objection for quashing the proceedings. In the afdavit, it is stated that the respondent No.2 has received the amount of Rs.3 Lakhs. The balance amount of Rs.2,50,000/- will be parted to the complainant on 1.4.2024. The complainant has no objection for quashing the FIR. The afdavit is taken on record.

6.

The dispute arises on account of matrimonial discord between the parties. It is resolved by them. Since the complainant has no objection for quashing the proceedings, the impugned proceedings can be quashed.

ORDER

A.

Writ petition is allowed.

B.

The proceedings in R.C.C. No. 1794 of 2021 pending before the Court of J.M.F.C. Vasai arising out of FIR dated 14.02.2020 registerd with Manikpur Police Station vide C.R.56 of 2020 are quashed and set aside.

C.

The petitioner No.1 shall adhere the consent terms. D.

The matter be listed for compliance on 4.4.2024. (N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dinesh S. Sherla 2/2