Natasha Kedia v. State Of Maharashtra And ANR
Digitally signed by DINESH SADANAND SHERLA Date:
2024.02.20 16:21:04 +0500
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 23997 OF 2023 1.
Shishir Srivastava 2.
Om Prakash Srivastava 3.
Usha Om Prakash Srivastava 4.
Swati Srivastava
...Petitioners
Versus
1.
The State of Maharashtra 2.
Natasha Kedia
...Respondents
DINESH SADANAND SHERLA WITH WRIT PETITION NO. 469 OF 2024 Natasha Kedia
...Petitioners
Versus
1.
The State of Maharashtra 2.
Usha Om Prakash Srivastava
...Respondents
Mr. Shikhar Khandelwal for the Petitioners in WPST/23997/23 and Respondent No.2 in WP/469/24.
Mr. Hormuz Mehta a/w. Mr. Kabir Saund i/b J.Sagar Associates for the Petitioner in WP/469/24 and for Respondent No.2 in WPST/23997/23.
Mr.Anand S. Shalgaonkar, APP for the Respondent/State.
CORAM
:
PRAKASH D. NAIK & N. R. BORKAR, JJ.
DATE :
15.02.2024.
PC:- 1.
Writ Petition No.469 of 2024 is not board. Upon mentioning, taken on production board.
2.
In both these petitions, the parties have prayed for quashing the impugned proceedings initiated against each 1/4
other by consent of parties since there is amicable settlement between them.
3.
Criminal Writ Petition (St) No. 23997 of 2023 pertains to the frst information report (F.I.R.) dated 23.08.2023 registered with Kherwadi Police Station, Bandra, Mumbai vide F.I.R. No.515 of 2023 for the ofences under Sections 498-A, 506 read with 34 of the Indian Penal Code and Section 66-E of the Information Technology Act. The F.I.R. has been registered at the instance of respondent No.2 in this petition.
4.
The petitioner No.1 is the husband, petitioner No.2 is the father-in-law, petitioner No.3 is the mother-in-law and petitioner No.4 is the sister-in-law of respondent No.2. 5.
The respondent No.2/complainant has fled the afdavit expressing her consent for quashing the proceedings. The afdavit indicates that the matter has been amicably settled and the complainant has no objection if the petition is allowed and the impugned FIR is quashed against the petitioners. 6.
Respondent No.2/complainant is present through V.C. She has admitted the contents of the afdavit and expressed her consent for quashing the proceedings. The afdavit is taken on record.
7.
It is also apparent that the parties have executed the Consent Minutes of Order in Suit (L) No. 22196 of 2023 before this Court. The Minutes of Order indicate that there is 2/4
settlement between the parties and provides terms agreed between the parties.
8.
Criminal Writ Petition No.469 of 2024 impugns the F.I.R. dated 26.08.2023 registered with Kherwadi Police Station, Bandra, Mumbai vide F.I.R. No. 523 of 2023 for the ofence under Section 406 of the Indian Penal Code. The F.I.R. has been registered at the instance of respondent No.2 in this petition. The petitioner is the daughter-in-law of respondent No.2. 9.
The complainant/respondent No.2 has fled afdavit stating that she had mutually agreed to resolve the dispute. The impugned F.I.R. can be quashed as there is settlement between the parties. She has no objection, if the petition is allowed and the impugned F.I.R. is quashed against the petitioner.
10.
Respondent No.2/complainant is present through V.C. She has expressed her consent for quashing the proceedings and admitted the contents of afdavit. The afdavit is taken on record.
11.
From the documents on record, it is apparent that the dispute has arisen on account of matrimonial discord between the parties. The parties have resolved their dispute amicably. Hence, the reliefs sought in these petitions can be granted. 3/4
O R D E R
A] Criminal Writ Petition (St) No. 23997 of 2023 is allowed.
B] The impugned F.I.R. dated 23.08.2023 registered with Kherwadi Police Station, Bandra, Mumbai vide F.I.R. No.515 of 2023 is quashed and set aside against the petitioners.
C] Criminal Writ Petition No. 469 of 2024 is allowed. D] The impugned F.I.R. dated 26.08.2023 registered with Kherwadi Police Station, Bandra, Mumbai vide F.I.R. No. 523 of 2023 is quashed and set aside against the petitioner.
(N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 4/4