Pankaj Ashok Patil Koli And ORS v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3893 OF 2023 Pankaj Ashok Patil Koli and others Petitioners versus The State of Maharashtra and another Respondents Mr.Siddharth Shitole, Advocate for Petitioners. Mr.Akshay R. Kulkarni, Advocate for Respondent no.2. Mrs.M.M.Deshmukh, Addl.P.P for State.

API Rohit Shinde, Tasgaon Police Station, present. CORAM : PRAKASH D.NAIK AND N.R.BORKAR, JJ.

DATE : 18th December 2023 PC :

1.

Petitioners have challenged the FIR dated 16th October 2023 registered with Tasgaon Police Station vide Crime No.544 of 2023 for offences under Sections 498-A, 323, 377, 504, 506 r/w 34 of IPC. 2.

The FIR has been registered at the instance of Respondent no.2. Petitioner no.1 is the husband. Petitioner no.2 is mother-inlaw and Petitioner no.3 is father-in-law. The parties have resolved the dispute. Petitioners and complainant are present in the Court. Complainant has submitted that she has no objection for quashing the FIR and charge sheet, if any, filed against Petitioners. Affidavit MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2023.12.21 09:50:33 +0530 dated 11th December 2023 affirmed by Respondent no.2 has been placed on record. In the said affidavit it is stated that there is

2 of 2 41.WP.3892.2023.doc settlement between parties and complainant has no objection for quashing the FIR.

3.

Considering the fact that dispute had arisen out of matrimonial discord between parties and since parties have resolved the dispute, there is no impediment for quashing the FIR.

ORDER

(i) Writ Petition is allowed and disposed;

(ii) The FIR No.544 of 2023 dated 16th October 2023 registered with Tasgaon Police Station, District Sangli and consequential charge sheet filed before Judicial Magistrate First Class, Tasgaon, is quashed and set aside.

(N.R.BORKAR, J.) (PRAKASH D. NAIK, J.) MST