Lav Ramchandra Dhumal And ORS v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.784 OF 2024 Lav Ramchandra Dhumal & Ors.

.... Petitioners versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Bajrang M. Solanke i/b. Mr. Prashant Darandale, Advocate for Petitioners.

• Ms. Sangeeta D. Shinde, APP for the State/Respondent. • Mr. Amol B. Jagtap, Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 14th OCTOBER, 2025 P.C. :

1.

This Petition is for quashing the FIR bearing No.259/2022 registered with Warje Malwadi Police Station, Pune City, u/s 498-A, 323, 504 r/w 34 of the Indian Penal Code on the report filed by the Respondent No.2. The Petitioners are seeking the quashing and setting aside of the said FIR and the proceedings arising therefrom.

MANUSHREE NESARIKAR MANUSHREE NESARIKAR Date: 2025.10.17 11:50:49 +0530 2.

Heard Mr. Bajrang M. Solanke, learned Counsel for the Nesarikar

2 / 5 Petitioners, Mr. Amol B. Jagtap,, learned counsel for the Respondent No.2 and Ms. Sangeeta D. Shinde, learned APP for the State.

3.

The Petitioner No.1 is the husband of the Respondent No.2. The Petitioner Nos.2 and 3 are the parents, the Petitioner No.4 is the brother and Petitioner No.5 is the sister of the Petitioner No.1. Since the matter has been amicably settled between the parties, it is not necessary to refer to the allegations made against the Petitioners in detail.

4.

Briefly stated, in the FIR it is narrated that the Petitioner No.1 had got married with the Respondent No.2 on 12/05/2019. After the marriage, the Respondent No.2 was residing jointly with the Petitioner Nos.1 to 4. However, the Petitioners used to taunt the Respondent No.2 that she could not work and cook properly etc. They were raising frequent quarrels and subjected her to mental and physical cruelty. In June 2021, the Petitioner No.1 assaulted the Respondent No.2 only because she was sleeping on a bed. However, the relatives of the

3 / 5 Respondent No.2 raised concerns with the Petitioners' side and made the Respondent No.2 to stay with them. It is alleged that the Petitioner No.5 also used to harass the Respondent No.2 by taunting her whenever she was visiting her place. In October 2021, the Petitioner No.1 demanded Rs.1,00,000/- from the Respondent No.2 to be brought from her brother. When the said demand was not fulfilled, the Petitioner No.1 and his mother assaulted her. Based on these allegations, the FIR was lodged and the investigation was undertaken. During the investigation the police recorded the statements of the brother, mother and sister-in-law of the Respondent No.2. They supported the allegations in the FIR. The investigation resulted in filing of the charge-sheet.

5.

However, now the matter has been settled between the parties. The couple has decided to dissolve their marriage by mutual consent. The Respondent No.2 is present before the Court. She is identified by her learned counsel. She stated that the matter has been settled between her and the Petitioners. She stated that she has no objection to quash the proceedings

4 / 5 arising out of the said FIR. She has filed her affidavit to that effect. She reiterates its contents.

6.

She further states that pursuant to the said settlement, she has received the agreed amount i.e. Rs.12,50,000/-. Out of which, the amount of Rs.11,50,000/- is received by way of Demand Draft. And one cheque of Rs.1,00,000/- is handed over to the Respondent No.2 in the Court today.

7.

Thus, it is apparent that the parties would part their ways and wanted to lead their lives separately. In the backdrop, continuation of the proceedings in the said FIR would not serve any purpose. Therefore, we are inclined to allow this Petition. 8.

It is clarified that if the cheque is not cleared, then the Respondent No.2 would be at liberty to take appropriate action in accordance with law.

9.

Hence, the following order :

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O R D E R

(i) The FIR vide C.R.No.259/2022 registered with Warje Malwadi Police Station, Pune City, and the consequent proceedings arising therefrom are quashed and set aside.

(ii) The Petition is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)