Paresh Vinodchandra Panchal And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3734 OF 2024 1.

Mr. Paresh Vinodchandra Panchal, Aged about 47 years, Occ.:Service.

2.

Mr. Vinod Chandra Panchal, Aged about 76 years, Occ.:Retired.

3.

Mrs. Sulochana Vinodchandra Panchal, Aged about 73 years, Occ.:Housewife.

Petitioner Nos. 1 to 3 are residing at Kadiyadara, Sabarkantha, Gujarat:383440.

4.

Mrs. Mita Rajesh Panchal, Aged about 45 years, Occ.:Housewife, residing at 501/A, Aashirwad Bldg., 2nd Floor, Near Byculla Municipal School, Byculla (West), Mumbai:400011.

.....Petitioners Vs.

1.

The State of Maharashtra, Through Inspector Incharge of Saki Naka Police Station, To be served through Public Prosecutor, High Court, Bombay.

2.

Mrs. Falguni Paresh Panchal, Aged about 46 years, Occ.:Advocate, residing at 106, 14/B, Panchavati CHS, MHADA Colony, Chandivali, Near Singh Gadh University, Powai, Mumbai:400072.

.....Respondents Mr. Siddharth Singh a/w Mr. Anil Chauhan i/b Mr. Manoj Singh for the Petitioners.

Mr. Ashish I. Satpute, A.P.P. for the Respondent-State. Mr. Sachin Daga (Through V.C.) for Respondent No. 2. 1/3

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

DATE : 30th AUGUST 2024.

P.C.:- 1) The Petitioners seek quashing of Criminal Proceedings bearing C.C. No. 1443/PW/2021 pending before the Judicial Magistrate First Class, 66th Court, Andheri, Mumbai arising out of F.I.R. No. 336 of 2019 dated 11th May 2019 registered with Sakinaka Police Station, Mumbai for the offenses punishable under Sections 498(A) & 406 read with 34 of the Indian Penal Code.

2) Petitioners No. 1 to 4 are the Husband, Father-in-Law, Motherin-Law and Sister-in-Law respectively of the Respondent No. 2 i.e. wife of Petitioner No. 1. It is alleged that the Petitioners have tormented the Respondent No. 2 for dowry and house chores. It is also alleged that the Petitioners embezzled Respondent No. 2's stridhan and jewelry which led to filing of the subject F.I.R.

3) Mr. Siddharth Singh, learned counsel appears for the Petitioners and Mr. Sachin Daga, learned counsel appears for the Respondent No. 2. Mr. Ashish Satpute, learned A.P.P. represents the State. 4) The parties are inclined to settle the dispute amicably. The Respondent No. 2 has filed an Affidavit dated 30th August 2024, duly affirmed before a Notary Public. In Paragraph No. 7 thereof, the 2/3

Respondent No. 2 has given her no objection to quash the subject F.I.R. The Respondent No. 2 states that, the dispute between the parties has been settled amicably.

5) The Respondent No. 2 is present before the Court and through her counsel reiterates the statements made in the Affidavit. We accept the said statements.

6) In view of the circumstances and the Consent Affidavit dated 30th August 2024 filed by the Respondent No. 2, criminal proceedings bearing C.C. No. 1443/PW/2021 pending before the Judicial Magistrate First Class, 66th Court, Andheri, Mumbai arising out of F.I.R. No. 336 of 2019 dated 11th May 2019 registered with Sakinaka Police Station, Mumbai are quashed and set aside.

(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.09.03 10:29:43 +0530 GITALAXMI KRISHNA KOTAWADEKAR 3/3