Sourabh Dilip Bhakkad 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.4710 OF 2024 Sonam Bharat Chandak and others .....Petitioners
Versus
The State of Maharashtra and another .....Respondents ....
WITH CRIMINAL WRIT PETITION NO.5402 OF 2024 Sourabh Dilip Bhakkad and others .....Petitioners
Versus
The State of Maharashtra and another .....Respondents ----- Mr. Chirag Zanwar, Advocate i/b. Mahesh B. Zanwar for the Petitioners in WP/4710/2024.
Mr. Shreyas P. Barsawade, Advocate for the Petitioners in WP/5402/2024.
Mr. S.R. Agarkar, APP for the Respondent No.1-State in WP/4710/2024.
Mr. S.V. Gavand, APP for the Respondent No.1-State in WP/5402/2024.
Mr. Dhananjay K. Bhosale, Advocate for the Respondent No.2 in both WPs.
----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.
DATE : 26th FEBRUARY, 2025 P.C. :
Deshmane(PS)
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1.
Both these Petitions are decided by this common order because they arise out of the same FIR being C.R. No.179/2024 registered at Gangapur Police Station, Nashik City on 28.7.2024 under sections 498A, 406, 504, 506 of IPC.
2.
Heard Mr. Chirag Zanwar, learned counsel for the Petitioners in WP/4710/2024, Mr. Shreyas Barsawade, learned counsel for the Petitioners in WP/5402/2024, Mr. S.R. Agarkar, learned APP for the Respondent No.1-State in WP/4710/2024, Mr. S.V. Gavand, learned APP for the Respondent No.1-State in WP/5402/2024 and Mr. Dhananjay Bhosale, learned counsel for the Respondent No.2 in both Writ Petitions.
3.
The Petitioners in Criminal Writ Petition No.5402/2024 are the husband of the Respondent No.2 and his parents. In Criminal Writ Petition No.4710/2024, the Petitioner Nos.1 & 2 are two sisters-in-law of the Respondent No.2 and the Petitioner No.3 is the husband of the Petitioner No.2. 4.
The FIR mentions that the Respondent No.2 got married with the Petitioner Sourabh on 20.6.2021. At that time, her parents had spent for the expenses and had also given gold
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ornaments. The FIR mentions that her matrimonial life was peaceful for about one and half months. Thereafter slowly quarrel started between the Petitioners and the Respondent No.2. There are allegations that the father-in-law was demanding Rs.7 Lakhs, which according to him he had spent during the wedding. The husband was demanding Rs.50 Lakhs for purchasing a new house. All the Petitioners were harassing her; in particular the other Petitioners were instigating the Respondent No.2's husband. It is alleged that her husband Sourabh wanted divorce from her and, therefore, was putting pressure on her. There is description of one incident when she was left outside and the house was locked. She was not allowed to enter the house. On these various allegations, the FIR is lodged.
5.
Now the matter is settled between the parties. The Respondent No.2 and her husband have applied for divorce by mutual consent. The parties have filed consent terms before this Court. It is signed by the Respondent No.2 and the Petitioner Sourabh. In paragraph-2(g) of the affidavit, the Respondent No.2 has specifically given her no objection for quashing of this particular proceedings.
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6.
The Respondent No.2 is present in the Court. She is identified by her learned counsel. She stated before the Court that the matter is settled between the parties and she has no objection for quashing of these proceedings.
7.
The dispute between the parties is purely personal in nature. The society at large is not involved. The parties have settled their disputes and they have entered into settlement terms. Therefore, we are inclined to allow these Petitions. 8.
Hence, the following order:
:: O R D E R ::
i.
The FIR being C.R. No.179/2024 registered at Gangapur Police Station, Nashik City as well as the consequent proceedings arising therefrom, are quashed and set aside.
ii.
Both the Petitions are disposed of accordingly. ( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:
2025.02.28 13:56:16 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE