Satish Chauhan And ORS v. State Of Maharashtra And ANR
Gokhale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2842 OF 2024 Satish Chauhan & Ors.
..Petitioners
Versus
The State of Maharashtra & Anr.
..Respondents __________ Mr. Sundeep Singh for Petitioners.
Mr. Anand S. Shalgaokar, APP for State/Respondent. Ms. Sadhana Jaiswal i/b. Asha Mittal for Respondent No.2. __________ CORAM : SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.
DATE : 2 DECEMBER 2024 PC :
1.
The Petitioners seek quashing of the F.I.R. bearing C.R.No.531 of 2021 registered with Nallasopara police station for the offences punishable under sections 498A, 323, 504 and 506 r/w. 34 of the I.P.C. and the criminal proceedings bearing R.C.C.No.897 of 2022 pending before the J.M.F.C., Vasai; culminating from the said F.I.R. The Petitioners are the husband and in-laws of the Respondent No.2-first informant. The Respondent No.2-first informant alleged in her F.I.R. that she got married with the Petitioner No.1 on 16.12.2018 and started Digitally signed by VINOD BHASKAR GOKHALE Date:
2024.12.04 11:33:15 +0530 VINOD BHASKAR GOKHALE
residing in her matrimonial home with her in-laws. According to her, the house was very small and hence, she requested the Petitioner No.1 to make an arrangement to live separately. Thereupon, the Petitioner No.1 was very angry with her and beat her on this ground. She was made to give part of her salary in the house for the household expenses. Even after she was giving salary as directed to her father-in-law, the Petitioner No.3 was harassing her by saying that she was giving very less amount. She was always abused and humiliated by the petitioners. They always asked her to leave the house or bring some valuable ornaments and cash from her parents. According to her, she was treated with utmost mental and physical cruelty. She, thus, filed the F.I.R. which is impugned herein.
2.
The Investigating Agency has filed the charge-sheet and recorded the statements of the mother, the brother and the sisters of the Respondent No.2. Those statements corroborate the allegations made by her in the F.I.R.
3.
During pendency of the criminal proceedings, the parties
have decided to amicably settled the matter. Therefore, the Respondent No.2 has filed her Affidavit dated 31.07.2024 stating that she has no objection if the F.I.R. and the criminal proceedings are quashed. She has stated that there is complete settlement between the parties and they are putting the dispute to an end. 4.
In view of the aforesaid fact that the Respondent No.2 has no objection for quashing of the proceedings, we are inclined to quash the criminal proceedings arising from the impugned F.I.R. 5.
Hence, the following order:
O R D E R
i) The F.I.R. bearing C.R.No.531 of 2021 registered with Nallasopara police station and the criminal proceedings bearing R.C.C.No.897 of 2022 pending before the J.M.F.C., Vasai; culminating from the said F.I.R., are quashed and set aside. ii) The Writ Petition is disposed of.
(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)