Randheer Singh And ORS v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.85 OF 2024 Randheer Singh & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Ms. Anjali Singh i/b.Mr. Amarjeet H. Yadav, for the Petitioners. Mr. Sukanta A. Karmakar, APP for Respondent No.1-State. Mr. Anil Sharma for Respondent No.2.

CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ.

DATE : 14th NOVEMBER 2024.

P.C.:-

1) Leave to amend to add the case number in prayer clause granted. Amendment be carried out forthwith.

2) This Petition is filed for quashing of the FIR registered vide C.R.No. 137 of 2019 at Nayanagar Police Station, Thane Rural on 19th April 2019 under Sections 498-A, 323, 324, 504 read with 34 of the Indian Penal Code, 1860 ('IPC'). Investigation is over and the chargesheet is filed and the prayer is made for quashing of the charge-sheet and other proceedings.

3) FIR is lodged by the Respondent No.2 ('First Informant'). The Petitioner No.1 is her husband, Petitioner No.2 is brother of the 1/3

Petitioner No.1 and the Petitioners No.3 and 4 are his parents. 4) FIR mentions that the Informant got married with the Petitioner No.1 on 20th April 2016 at Joanpur. She started residing with her husband and in-laws from 21st May 2017. After few days, the Petitioners started ill-treating her. They were demanding Rs.5 Lakhs from the Informant. It is alleged that the Petitioners used to suspect her character. In August 2018, the Informant had gone to her brother's place when she tried to go back to her house, she was not allowed to enter her matrimonial house. In January, 2019, the Petitioners allowed her to reside with them but the ill-treatment continued. In February 2019 when her brother visited her house, he was not allowed to enter the house.

Because of the ill treatment, finally, the Informant called the Police and after that, the Informant lodged her FIR. Investigation was carried out and the statements of the uncles and brother of the Informant were recorded, which support her allegations in the FIR. 5) Now the matter is settled between the parties and the Respondent No.2/First Informant has filed an Affidavit before this Court specifically mentioning her consent for quashing the offences registered vide C.R.No.137 of 2019 at Nayanagar Police Station, Thane Rural resulting in C.C.No. 475/RCC/2020.

No.2 is present before the Court. She is identified by her counsel. She reiterates her no objection mentioned in the Affidavit even before the Court.

6) Considering this situation and since the dispute between the parties is purely personal in nature, we are inclined to allow the Petition. Hence, the following order:

ORDER

(i) FIR registered vide C.R.No. 137 of 2019 at Nayanagar Police Station, Thane Rural on 19th April 2019 and further proceedings arising out of the said FIR are quashed and set aside. 7) Petition is disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.11.19 17:30:53 +0530 SHAMBHAVI NILESH SHIVGAN 3/3