Dhanendra Suresh Jain @ Mr Dhruv Suresh Jain And ORS v. State Of Maharashtra And ANR

19-APL-1634-2023.odt by KANCHAN PRASHANT DHURI Date:

2024.02.12 10:49:38 +0530 KANCHAN PRASHANT DHURI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1634 OF 2023 Dhanendra Suresh Jain @ Mr. Dhruv Suresh Jain and others ...

Applicants

Versus

The State of Maharashtra and another ...

Respondents .........

Mr. Jigar Shah alongwith Ms. Ronak Shah and Ms. Asba Khatib for the Applicants.

Mr. Ajay Patil, APP for the State.

Ms. Radhika Sharma for Respondent No.2.

Respondent No.2, present.

.........

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

DATED : 9th FEBRUARY 2024 P.C. :- .

The Applicants are charge-sheeted for the offences under Sections 498-A, 323, 504, 506 of Indian Penal Code (IPC). 2.

The case arises out of the First Information Report No.211 of 2022 (F.I.R.) registered with Uttan Sagari Police Station lodged at the instance of Respondent No.2. On completing the investigation, chargesheet is filed and the proceedings are pending in the Court of Learned J.M.F.C., Thane.

3.

Respondent No.2 is the wife of Applicant No.1. Applicant Nos.2, 3 and 4 are father-in-law, mother-in-law and brother-in-law of Respondent No.2.

4.

The parties have resolved the dispute. Both have jointly Kanchan P Dhuri 1 / 2

19-APL-1634-2023.odt requested to quash the proceedings in view of amicable settlement arrived at between them.

5.

The complainant/Respondent No.2 is present in the Court. She has filed the Affidavit dated 9th February 2024 indicating that she has no objection for quashing the criminal case No.510 of 2023 arising out of F.I.R. No.211 of 2022. Affidavit is taken on record. Respondent No.2 has confirmed the contents of the Affidavit and reiterated that she has no objection for quashing the impugned proceedings. 6.

Considering the nature of dispute and the fact that the F.I.R. was registered on account of matrimonial discord between the parties and in view of the settlement between them, the proceedings can be quashed.

ORDER

(i) Criminal Application is allowed.

(ii) Proceedings in R.C.C. No.510 of 2023 arising out of F.I.R. No.211 of 2022 registered with Uttan Sagari Police Station pending in the Court of Learned J.M.F.C., Thane are quashed and set aside. ( N.R. BORKAR, J. ) ( PRAKASH D. NAIK, J. ) Kanchan P Dhuri 2 / 2