Sumit Rajesh Chawla And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4695 OF 2024 Sumit Rajesh Chawla and others .....Petitioners

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Abhishek R. Avachat, Advocate a/w. S.H. Deshpande, for the Petitioners.

Mr. Ajay Patil, APP for the Respondent No.1-State. Mr. Hrishikesh S. Shinde, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & DR.NEELA GOKHALE, JJ.

DATE : 12th DECEMBER, 2024 P.C. :

1.

The Petitioners seek quashing of R.C.C.

No.4610/2023 pending before the J.M.F.C., Pune arising out of FIR No.39/2023 registered with Swargate police Station, Pune for the offences punishable under Sections 498-A, 323, 504 read with 34 of IPC.

2.

The Petitioner No.1 is the husband of the Respondent No.2. The Petitioner Nos.2 & 3 are her parents-in-law and the Petitioner No.4 is her brother-in-law. The Respondent No.2 has Deshmane(PS)

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stated in the FIR that she got married with the Petitioner No.1 on 22.11.2019 at Jalandhar, Punjab. Thereafter she started residing in her matrimonial home with the Petitioners. It is her allegation that the Petitioners used to quarrel with her and used to abuse her physically. The Petitioner No.1 was in service in Canada and when she also joined him in Canada, her brother-in-law used to always report to her parents-in-law regarding every single thing happening in her house. She also states that her parents-in-law used to tell her to bring money from her parents failing which she would have to divorce the Petitioner No.1. There are other instances of cruelty narrated in the FIR and this led to her filing the present FIR. The investigation is complete and the chargesheet has also been filed. 3.

During pendency of the proceedings, the parties have decided to amicably settle the dispute. In pursuance of this intention, the Respondent No.2 has filed an affidavit dated 10.12.2024 duly affirmed before a Notary Public. She is present before the Court today and identified by her counsel. She has stated in paragraph No.7 of her affidavit that she has no objection to quash the criminal proceedings and the FIR. She

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also reiterated the averments made by her in the affidavit before us.

4.

Considering that the dispute between the parties is purely of personal nature and there is nothing against the society at large, we are inclined to quash the criminal proceedings arising from FIR No.39/2023.

5.

Hence, the following order:

:: O R D E R ::

i.

The FIR No.39/2023 registered with Swargate police Station, Pune as well as the consequent criminal proceedings arising therefrom being R.C.C. No.4610/2023 pending before the J.M.F.C., Pune, are quashed and set aside.

ii.

The Petition is disposed of accordingly.

( DR.NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2024.12.17 12:15:32 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE