Ritesh Shivanand Bagalkoti And ORS v. State Of Maharashtra And ANR

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6433 OF 2024 Ritesh Shivanand Bagalkoti & Ors.

..Petitioners

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Ritesh Thobde a/w. Changdev Shingade i/b. Ankita Pramod Pai for Petitioners.

Mr. S. R. Agarkar, APP for State/Respondent.

Mr. Sagar Tambe for the Respondent No.2.

__________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 18 MARCH 2025 PC :

1.

This is a writ petition for quashing of the proceedings arising out of the C.R.No.213 of 2023 registered at Sadar Bazar police station, Solapur, on 30.03.2023, under sections 498-A, 504 and 506 r/w. 34 of the I.P.C. The F.I.R. was lodged by the Respondent No.2. The Petitioner No.1 is her husband, the Petitioner Nos.2 and 3 are his parents, the Petitioner No.4 is his sister, the Petitioner No.5 is his maternal grand-mother and the Petitioner No.6 is his maternal aunt.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.03.20 10:28:05 +0530 VINOD BHASKAR GOKHALE

2.

It is not necessary to describe the allegations in the F.I.R. in detail because the parties have settled the matter. However, very briefly, the F.I.R. mentions that the Respondent No.2 got married with the Petitioner No.1 on 26.11.2016. It was a love marriage. After marriage, she started residing in her matrimonial house where all the petitioners were residing. The F.I.R. thereafter goes on to mention various instances when she was illtreated, humiliated and harassed. There are allegations that she was forced to do some rituals and to follow some religious practices which she was not comfortable with. In 2020, the couple went to reside in the petitioners' native place at Solapur, however, even there she was harassed. The couple was driven out of that house. Thereafter, the Petitioner No.1 and the Respondent No.

2 went to reside in the Respondent No.2's mother's house. At that place also the Petitioner No.1 started misbehaving and harassing her. On 17.07.2021, the petitioner picked up a quarrel with the Respondent No.2, he abused her mother and left the house. On these allegations, the F.I.R. was lodged.

3.

Now the matter is settled between the parties. The

Respondent No.2 has filed her Affidavit giving her consent for quashing of the proceedings. She is present in the Court. She is identified by her learned counsel. It is mentioned in the Affidavit that the parties have applied for divorce by mutual consent. The matter is settled and she does not want to proceed further in the case. The Respondent No.2 stated before the Court that she has no objection for quashing of the proceedings.

4.

The dispute between the parties is purely personal in nature. The society at large is not involved. No purpose will be served in continuing with the prosecution. It would be in the interest of justice that the prosecution is quashed. 5.

Hence, the following order:

O R D E R

i) The F.I.R. registered vide C.R.No.213 of 2023 at Sadar Bazar police station, on 30.03.2023, under sections 498-A, 504 and 506 r/w. 34 of the I.P.C. is quashed and set aside.

ii) The Writ Petition is disposed of.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)