Bhavna Khushal Sangoi And ORS v. State Of Maharashtra And ANR

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4269 OF 2024 Bhavna Khushal Sangoi and Ors.

.....Petitioners Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Jitendra Tiwari, i/b. Mr. Santosh R. Dubey, for the Petitioners. Mr. Ajay Patil, APP for Respondent No.1-State. Ms. Vishakha Gala, for Respondent No.2.

CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ.

DATE : 13th DECEMBER 2024.

P.C.:- 1) Petitioners seek quashing of the FIR No. 183 of 2024 registered with Goregaon Police Station, Brihanmumbai on 11th March 2024 for the offences punishable under Sections 498-A, 323, 406, 504 read with 34 of the Indian Penal Code, 1860 ('IPC'). The Petitioner Nos. 1 and 2 are the parents-in-law of the Respondent No.2 ('First Informant'), thePetitioner No.3 is her brother-in-law and the Petitioner No.4 is her husband.

2) As discerned from the FIR, it is revealed that the marriage between the Respondent No.2 and the Petitioner No.4 took place on 1/3

1st July 2022. That, at the time of marriage, Respondent No.2's parents had made an expenditure of around Rs.4,65,000/-. Her parents had also gifted the Petitioners valuable ornaments as well as clothes and other household articles. She has alleged that she was treated with cruelty by the Petitioners due to which there was marital discord between the parties. This led to the filing of the impugned FIR.

3) The investigation is ongoing. During the pendency of the investigation, parties have arrived at an amicable settlement and pursuant to that, the Respondent No.2 has filed an Affidavit dated 23rd September 2024 duly affirmed before the Assistant Registrar, Appellate Side of this Court. In paragraph 4 of the Affidavit, she has given her no objection to quashing the FIR.

The Respondent No.2 is present in the Court and is identified by her counsel. She has reiterated the submissions made by her in the Affidavit.

4) Considering that the dispute between the parties is purely personal in nature not affecting the society at large and the parties have resolved the dispute amicably pursuant to which the Respondent No.2 has given her consent for quashing of the FIR, we are inclined to 2/3

quash the FIR. Hence, the following order:

ORDER

(i) FIR No. 183 of 2024 registered with Goregaon Police Station, Brihanmumbai on 11th March 2024 is quashed and set aside.

6) The Petition is allowed and disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.12.17 11:15:36 +0530 SHAMBHAVI NILESH SHIVGAN 3/3