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Bombay High CourtWP/4511/2024allowed

Tejeshwar Ramesh Taneja And ORS v. The State Of Maharashtra And ANR

2024-10-24Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Justice Dr. Neela Kedar Gokhale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4511 OF 2024 Mr. Tejeshwar Ramesh Taneja & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Ajinkya V. Taskar (through V/C) for the Petitioners. Mr. Vinod Chate, APP for Respondent No.1-State. Mr. Dhananjay Bhosale, i/b Mr. Charvak U. Kamble, with Adv. Komal P. Mehrolia, for Respondent No.2.

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

DATE : 24th OCTOBER 2024.

P.C.:- 1) Petitioners seek quashing of FIR No.371 of 2023 dated 4th November 2023 registered at Bhadrakali Police Station, Nashik for offences punishable under Sections 498-A, 377, 509, 323, 504 and 506 read with 34 of the Indian Penal Code, 1860 ('IPC'). The Petitioner No.1 is the husband of the Respondent No.2 and the Petitioners No.2 and 3 are her parents-in-laws. 2) She has alleged in the FIR that she was married to the Petitioner No.1 on 4th September 2016. There were certain quarrels between the parties after the marriage. The Petitioners used to tell her to get money from her parents pursuant to which in December 2016 1/3

she had taken an amount of Rs.2 Lakhs from her parents. Thereafter, their demand increased and they started demanding more and more money. In November 2017, the Petitioners asked her to get an amount of Rs.20 Lakhs from her parents to facilitate the Petitioner No.1 to start his business. When she showed her inability to do that, she was abused and beaten. There are number of such instances, which she has narrated in her FIR. The said cruelty and ill-treatment meted out to her, led to the marital discord and consequently, the FIR came to be filed.

3) In the meantime, the parties have decided to resolve their dispute amicably. The Respondent No.2 is present in the Court and is identified by her counsel. She has filed an Affidavit dated 24th October 2024 duly affirmed before the Assistant Registrar, Appellate Side of this Court. In paragraph 10 of the Affidavit, she has given her no objection to quash and set aside the impugned FIR. 4) Considering the personal nature of the proceeding and since no offence is committed against the society at large, we are inclined to quash the impugned FIR. Accordingly, we pass the following order:

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ORDER

(i) FIR No.371 of 2023 dated 4th November 2023 registered at Bhadrakali Police Station, Nashik is quashed and set aside. 5) Petition is accordingly, disposed of.

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

2024.10.25 11:32:04 +0530 SHAMBHAVI NILESH SHIVGAN 3/3