Aniket Chandrashekhar Vishwasrao And ORS v. The State Of Maharashtra And ANR
10-APL-1292-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1292 OF 2023 Aniket Chandrashekhar Vishwasrao and others ...
Applicants
Versus
The State of Maharashtra and another ...
Respondents .........
Mr. Prasad Kulkarni alongwith Mr. Tanmay Karwa and Mr. Arfat Shaikh for the Applicants.
Ms. Sharmila Kaushik, APP for the State.
Mr. Suyog Naik for Respondent No.2.
.........
CORAM : NITIN W. SAMBRE & N.R. BORKAR, JJ.
DATED : 9 NOVEMBER 2023 P.C. :- 1.
A prayer is for quashing FIR in Crime No. 187 of 2021 for an offence punishable under Sections 498-A, 323, 504, 506 r/w. 34 of Indian Penal Code, registered on 16 November 2021.
2.
Respondent no.2-complainant was married to the applicant no.1 on 5 August 2018. Applicant Nos.2 and 3 are father-in-law and mother-in-law of respondent no.2.
3.
Alleging ill treatment and demand of dowry, a complaint came to be lodged which resulted into aforesaid offence. 4.
Out of matrimonial discord, the parties have already approached Family Court, Bandra, Mumbai and we are informed that the Kanchan P Dhuri 1 / 2
10-APL-1292-2023.odt marriage stood dissolved by decree dated 28 March 2023 by mutual consent. The statement to that effect is made in the consent affidavit tendered by the respondent-complainant.
5.
Both the parties are in agreement that out of one time alimony of Rs.12.50 lakhs, the respondent-complainant has already received Rs.7.5 lakhs. The respondent-complainant is permitted to withdraw balance amount of Rs.5 lakhs deposited in the Family Court. 6.
Through learned APP, the identity of respondentcomplainant is verified. The respondent-complainant through learned APP submits that she has voluntarily executed affidavit thereby extending consent for quashing. In view of the consent extended by respondentcomplainant, the application is allowed in terms of prayer clause (a). ( N.R. BORKAR, J. ) ( NITIN W. SAMBRE, J. ) Kanchan P Dhuri 2 / 2