Rupesh Vasantrao Shidore And Others v. Harshal Nikhil Londhe And Another

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1019 CRIMINAL WRIT PETITION NO. 34 OF 2023 1.

Nikhil Hiraji Londhe 2.

Smt. Sushila Hiraji Londhe ... Petitioners

Versus

1.

The State of Maharashtra 2.

Sau Harshal Nikhil Londhe ... Respondents ....

Mr. P. B. Shirsath, Advocate for the petitioners. Mr. V. S. Badakh, APP for Respondent No.1.

Ms. Neelima B. Kharde, Advocate for Respondent No.2. ....

WITH CRIMINAL WRIT PETITION NO. 1188 OF 2021 1.

Shri Pradeep Vinayakrao Pathare 2.

Sau. Pratibha Pradeep Pathare

Versus

1.

Sau. Harshal Nikhil Londhe 2.

The State of Maharashtra ....

Mr. Mukul S. Kulkarni, Advocate for the Petitioners. Mr. Rahul R. Karpe, Advocate for Respondent No.1. Mr. V. S. Badakh, APP for Respondent No.2.

....

WITH CRIMINAL WRIT PETITION NO. 1196 OF 2021 1.

Shri Rupesh Vasantrao Shidore 2.

Sau Surekha Rupesh Shidore 3.

Miss Vinaya Rupesh Shidore

Versus

-21.

Sau. Harshal Nikhil Londhe 2.

The State of Maharashtra ....

Mr. Mukul S. Kulkarni, Advocate for the Petitioners. Mr. Rahul R. Karpe, Advocate for Respondent No.1. Mr. V. S. Badakh, APP for Respondent No.2.

....

CORAM : MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.

DATED : 19 APRIL 2023 PER COURT :- 1.

The petitioners on the one hand and respondent no.2 in all these petitions on the other hand seem to have reached an amicable settlement. In para 12 of the affidavit-in-reply filed by respondent no.2 in Criminal Writ Petition No. 34 of 2023, she has expressly consented for quashment of the crime.

2.

The learned Advocates for both the sides are unanimous that the parties are settling all the disputes. They are all personally present in the court. Since the offence has been registered pursuant to a matrimonial dispute on an FIR lodged by respondent no.2, in our view, no public policy is involved and the crime can easily be quashed and set aside in view of the consent.

-33.

The writ petitions are allowed. FIR No. 0279 of 2021 registered with Loni Police Station, District Ahmednagar for the offences punishable under sections 498-A, 323, 504, 506, 420, 406 r/w 34 of IPC and Section 4 of the Dowry Prohibition Act, 1961 as well as the Criminal Case bearing R.C.C. No. 75 of 2022 pending on the file of the Judicial Magistrate First Class, Rahata, are quashed and set aside. [ABHAY S. WAGHWASE, J.] [MANGESH S. PATIL, J.] vre