Indira Ramesh Solanki And ORS v. State Of Maharashtra And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PURTI PRASAD PARAB CRIMINAL APPELLATE JURISDICTION PURTI PRASAD PARAB Date: 2024.10.17 16:28:05 +0530 CRIMINAL WRIT PETITION NO. 4456 OF 2024 Indira Ramesh Solanki and Ors.
....Petitioners V/s.
The State of Maharashtra and Anr.
...Respondents
---- Mr. Vaibhav R. Shah a/w Ms. Dinkle Manek for Petitioners. Ms. Mahalakshmi Ganapathy, APP for State.
Ms. Vishakha Gala for Respondent No.2.
---- CORAM : SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.
DATED : 14th OCTOBER 2024 P.C. :
1.
This Petition is filed for quashing of the FIR registered vide C.R No. 267 of 2022 at Meghwadi Police Station dated 30th April 2022 under Section 498A, 323, 506 read with Section 34 of the Indian Penal Code, 1860 (the IPC).
2.
The Petitioner No.3 is the husband of the First Informant/ Respondent No.2. The other two petitioners are his parents. The FIR mentions that the informant got married with the Petitioner No.3 on 15th July 2013. Her father spent for the expenses of the marriage. The couple had daughter. She was born on 1st December 2016. The FIR thereafter goes on to mention as to how the Petitioners and in particular the Petitioner No.3 used to ill treat and harass her. There are allegations that the Petitioner
2/3 No.3 was having relations with other girls and he was treating her with cruelty. There are allegations that the Petitioners used to demand Rs.5 Lakhs and that they have retained informant's streedhan. On these allegations the FIR is lodged.
3.
Now, the dispute is settled between the parties. The Respondent No.2 has filed the affidavit. It is mentioned in the affidavit that they had approached the Family Court at Bandra for dissolving the marriage by mutual consent. There were litigations before the Family Court at Bandra. The Consent Term was filed in that litigation. In the present Petition in the affidavit in Paragraph No.4 it clearly states that the Respondent No.2 had no objection for quashing the C.R. No. 267 of 2022 registered at Meghwadi Police Station by consent. She was filing this affidavit voluntarily. The Respondent No.2 is present in the court. She is identified by her learned counsel. She stated before this court that she has no objection for quashing of the said FIR and for allowing this Petition. The dispute was strictly between the parties and both of them have settled the matter. The other petitioners are the parents of the Petitioner No.3. Therefore the entire dispute can be resolved and the present Petition can be allowed. Hence, the following order.
ORDER
1. The FIR registered at Meghwadi Police Station vide C.R. No. 267 of 2022 and the consequent proceedings
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2. Petition is disposed of.
(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)