Viraj Kaushik Dungrani And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3541 OF 2024 1.

Viraj Kaushik Dungrani, Age 33 years, Occ.-Service.

2.

Kaushik Dungrani, Age 67 years, Occ.-Retired.

3.

Chetna Kaushik Dungrani, Age 66 years, Occ.-Housewife.

All are Hindu Indian Inhabitants, Residing at D/301, Savita Enclave, Opposite Deep Jyoti School, Poonam Sagar Complex, Mira Road (East), Dist.-Thane - 401 107.

4.

Ronak Jesal Zaveri, Age 41 years, Occ.-Housewife, Residing at Meenu Tower, Prem Nagar, Borivali (W), Mumbai - 400 092.

.....Petitioners Vs.

1.

The State of Maharashtra Through Naya Nagar Police Station, Thane.

2.

Ruchita Viraj Dungrani alias Mrs. Ruchita Vilas Kadam, Aged 30 years, Hindu Indian Inhabitant, Occupation - Service, Residing at Flat No. 203, 2nd Floor, Swapnadeep CHS, Poonam Sagar, Mira Road (East), Thane - 401 107.

.....Respondents Mr. K. K. Holambe Patil a/w Mr. Nitin S. Murkute for the Petitioners. Mr. Vinod Chate, A.P.P. for the Respondent-State. Ms. Yugandhara M. Gaonkar for Respondent No. 2. 1/3

CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 19th SEPTEMBER 2024.

ORDER ( Per Dr. Neela Gokhale, J.

) :- 1) The Petitioners seek quashing of criminal proceedings bearing R.C.C. No. 592 of 2021 pending on the file of Joint Civil Judge, J.M.F.C., 5th Court, Thane, arising out of C.R. No. 188 of 2019 dated 1st June 2019 registered with Naya Nagar Police Station, Thane for the offenses punishable under Sections 498(A), 323, 504, 506 and 34 of the Indian Penal Code (I.P.C.).

2) The Petitioner Nos. 1 to 4 are the husband, father-in-law, mother-in-law and sister-in-law of the Respondent No. 2 respectively. 3) Brief facts of the case are that, the Petitioner No. 1 did not give the ornaments to the Respondent No. 2, which were given to her by her parents at the time of marriage and money to incur other expenses. Gradually, the relations between the parties took a turn for the worst and there were verbal and physical abuses leading to filing of the F.I.R. culminating into the criminal proceedings impugned herein. 4) Mr. K. K. Holambe Patil, learned Advocate appears for the Petitioners and Ms. Yugandhara M. Gaonkar, learned Advocate appears for the Respondent No. 2. Mr. Vinod Chate, learned A.P.P. represents the State. 5) The parties are inclined to settle the dispute amicably. The 2/3

Respondent No. 2 has filed an Affidavit dated 29th July 2024 duly affirmed before a Notary Public. In paragraph no. 6 therein, the Respondent No. 2 submits that, in compliance of the Consent Terms dated 20th April 2024, the dispute between the parties has been settled amicably and the Petitioners have filed the present Petition for quashing of the crime in question. 6) Although the Respondent No. 2 was not present in the Court, Ms. Gaonkar on instructions reiterates the contents and statements made in her Affidavit dated 29th July 2024 and her 'no objection' for quashing of the crime in question.

7) In view of the circumstances and the consent Affidavit dated 29th July 2024 filed by the Respondent No. 2, criminal proceedings bearing R.C.C. No. 592 of 2021 pending on the file of Joint Civil Judge, J.M.F.C., 5th Court, Thane, arising out of C.R. No. 188 of 2019 dated 1st June 2019 registered with Naya Nagar Police Station, Thane, are quashed and set aside.

8) Petition is allowed and accordingly disposed off. (DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.09.23 14:00:32 +0530 3/3