Dhyaneshwar Shamraoji Mondhe v. The State Of Maharashtra And ANR

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5198 OF 2024 Dnaneshwar Shamraoji Mondhe ..Petitioner

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Vaibhav R. Gaikwad for Petitioner.

Mr. Vinod Chate, APP for State/Respondent.

Mr. Dera L. Shinde for Respondent No.2.

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

DATE : 4 DECEMBER 2024 PC :

1.

This is a petition for quashing of the F.I.R. registered vide the C.R.No.69 of 2024 with Chinchwad police station, on 08.03.2024, under sections 354-B, 323 and 504 of the I.P.C. 2.

The Respondent No.2 has lodged the F.I.R. She is the wife of the petitioner. The gist of the F.I.R. is that they were married with each other on 11.07.1994. The F.I.R. refers to petty issues on which the quarrel started. On 09.02.2024, allegedly, the petitioner assaulted her and outraged her modesty. On these Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.12.07 11:40:24 +0530 VINOD BHASKAR GOKHALE

allegations the F.I.R. was lodged.

3.

Now the matter is settled between the parties. Both the parties are before the Court. The Respondent No.2 has filed her affidavit. She has stated that she has no objection for quashing of the F.I.R. The Respondent No.2 is identified by her counsel. She reiterated the contents of the affidavit and stated that the F.I.R. be quashed. Both the parties jointly stated that they are living together and they will live together peacefully. 4.

Considering that, the matter is amicably settled between the parties and in the interest of justice, we are inclined to allow this petition.

5.

Hence, the following order:

O R D E R

i) The F.I.R. registered vide the C.R.No.69 of 2024 with Chinchwad police station, on 08.03.2024, under sections 354-B, 323 and 504 of the I.P.C. is quashed and set aside; subject to the Petitioner paying cost of Rs.20000/- to the Central Police Welfare Fund within a period of four weeks from

the date of uploading of present order on the official website of the High Court of Bombay.

1. Details of the bank account for payment of cost are as under:

Bank Name : Axis Bank Limited.

Branch Name : Worli, Mumbai (H.H.) Mumbai-400025 Account Name : Central Police Welfare Fund Account No.

: 914010029005759 IFSC Code : UTIB0000060 ii) If the cost is not paid, the office shall place this matter for further consideration on 29.01.2025. iii) If the cost is paid and the acknowledgment is shown in the Registry, the matter shall not be placed before the Court.

iv) The writ petition is disposed of.

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