Kumar Saurav Chandradeo Chaudhary And ANR v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4480 OF 2024 Kumar Saurav Chandradeo Choudhary & Ors.

.... Petitioners versus The State of Maharashtra & Anr.

.... Respondent .......

• Mr. Vishal Kolekar a/w Harsharaj Jagtap, Advocate for Petitioners.

• Mr. Anand Shalgaonkar, APP for the State/Respondent. • Mr. Gourav V. Shahane a/w Ashok B. Bedare, Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 21st OCTOBER, 2024 P.C. :

1.

The present Petition is filed for quashing of the FIR registered vide C.R.No.1021 of 2023 at Lonikand police station, Pune City, u/s 498-A, 323, 504, 506 r/w 34 of the Indian Penal Code and the consequential proceedings resulting from the FIR vide R.C.C. No.2514 of 2024, before the 6th Judicial Magistrate First Class, Pune.

Digitally signed by MANUSHREE NESARIKAR Date:

2024.10.23 14:40:12 +0530 MANUSHREE NESARIKAR Nesarikar

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The Petitioner No.1 is the husband of the Respondent No.2. The Petitioner No.2 is the mother-in-law and the Petitioner No.3 is the brother-in-law of the Respondent No.2, who is the first informant.

3.

Heard Mr. Vishal Kolekar, learned Counsel for the Petitioners, Mr. Gourav V. Shahane, learned counsel for the Respondent No.2 and Mr. Anand Shalgaonkar, learned APP for the State.

4.

The Respondent No.2 has lodged her FIR on 27/12/2023. She has stated that she got married with the Petitioner No.1 on 19/05/2019. She was working at Nagpur. The Petitioners told her to stay at Nagpur. They did not take her immediately to Pune, where the Petitioners, including the Petitioner No.1 were residing. At the time of wedding, her parents had spent sufficient expenses, but after the marriage the Petitioner still wanted some further amount for purchasing a flat. According to the first informant, her father gave Rs.18 lakhs to the Petitioner No.1 with which he purchased a flat at Wagholi.

3 / 4 The Petitioners were reluctant to take her to her matrimonial house. The FIR goes on to mention various instances when she was ill-treated. On one occasion, the Petitioner No.3 had beaten her. On these allegations, the FIR is lodged. 5.

The investigation is carried out. It contains statements of informant's parents, which support the allegations in the FIR. 6.

Subsequently, now the matter is settled between the parties. The informant has filed her affidavit dated 21/10/2024. It is mentioned in the affidavit that they had filed a Petition u/s 13-B of the Hindu Marriage Act. She further stated that she was filing the said affidavit voluntarily and was giving consent/no objection to quash the present criminal proceedings. She is present before the Court. She is identified by her counsel. She reiterated her stand taken in the affidavit.

7.

We have considered this situation. The dispute between the parties is purely personal in nature. The parties have amicably settled the issue. Continuation of the proceedings

4 / 4 would be an abuse of process of law. Hence, we are inclined to allow this Petition.

8.

Hence, the following order :

O R D E R

(i) The FIR registered vide C.R.No.1021 of 2023 at Lonikand Police Station, Pune City and the consequent proceedings in R.C.C. No.2514 of 2024, before the 6th Judicial Magistrate First Class, Pune, are quashed and set aside.

(ii) The Petition is disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)