Sunil Kishore Rajput And ORS. v. Reshma Sunil Rajput And ANR.

Kiran Kawre 5166 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5166 OF 2018 Sunil Kishore Rajput And Ors.

... Petitioners Vs.

Reshma Sunil Rajput And Anr.

... Respondents ------- Ms. Sneha Jethwa i/b Gayatri Gokhale, Advocates for the Petitioners. Ms. M. H. Mhatre, APP for Respondent-State Mr. Parag Mishra i/b Sweta Kamble, for Respondent No.1 ------- CORAM :

PRASANNA B. VARALE & S.M. MODAK, JJ.

DATE :

1st April, 2022 P.C. :

1.

Heard Ms. Sneha Jethwa learned counsel for the Petitioners, Ms. M. H. Mhatre, learned APP for Respondent-State and Mr. Parag Mishra, learned counsel for Respondent No.1. 2.

On the complaint of Respondent No.1. FIR is registered at Dadar Police Station, Mumbai on 24th August, 2018 for the offence punishable under Sections 498-A, 323, 504, 506 read with 34 of Indian Penal Code (for short IPC 1860).

3.

Petitioner No.1 is the husband, whereas Petitioner No.2 is the Mother-in-law of Respondent No.1 and Petitioner No.3 is a Sister-in1/2

Kiran Kawre 5166 of 2021.doc law of Respondent No.1. Even charge sheet is filed in Crime No.192 of 2018 bearing Criminal Case No.550/PW/2019. During pendency of this proceeding, the Petitioner No.1 and Respondent No.1 have settled their dispute and they have decided to put an end to the dispute and they have decided to reunite together. They are having two children's. The Respondent No.1 has also filed an afodavit. She is present in the Court. So also all the Petitioners are present before this Court. 4.

It is fit case for exercise of power to quash proceeding under Section 482 of the Code of Criminal Procedure. The Respondent No.1 has also agreed to withdraw the proceeding, against the Petitioner. As both have decided to reunite together, we are inclined to allow the Petition. Hence the Order:-

ORDER

A) The Writ Petition No.5166 of 2018 is allowed. B) The proceeding pending in the Court of 5th Metropolitan Magistrate, Bhoiwada Mumbai bearing Criminal Case No.550/PW/2011 arising out of FIR bearing No.192 of 2018 registered with Dadar Police Station, Mumbai for the offences punishable under Sections 498-A, 323, 504, 506 read with 34 of IPC is quashed and set aside. (S.M. MODAK, J.) (PRASANNA B. VARALE, J.) 2/2