Saurabh Rameshkumar Samaiya And ORS v. Archita Saurabh Samaiya And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.118 OF 2024 Saurabh Rameshkumar & Ors.

.... Applicants versus Archita Saurabh Samaiya & Anr.

.... Respondents .......

• Mr. Gautam J. Jain a/w M. J. Bhatt i/b. Ajay Varekar, Advocate for Applicants.

• Mr. S. R. Agarkar, APP for the State/Respondent. • Mr. Manali Joshi a/w Bhagwat Yadav i/b. Manan Sanghai, Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 08th APRIL, 2025 P.C. :

1.

Heard Mr. Gautam J. Jain, learned Counsel for the Applicants, Mr. Manali Joshi, learned counsel for the Respondent No.2 and Mr. S. R. Agarkar, learned APP for the State. 2.

The Petition is filed for quashing of the FIR registered Digitally signed by MANUSHREE NESARIKAR Date:

2025.04.16 12:27:03 +0530 with Wakola police station vide C.R. No.777/2023 which was MANUSHREE NESARIKAR registered on 05/09/2023 u/s 498-A of the Indian Penal Code Nesarikar

2 / 3 against the Petitioners. The Petitioner No.1 is the husband and the Petitioner Nos.2 and 3 are the in-laws. Their marriage took place on 11/06/2022. After the marriage, both of them cohabited together initially at Jabalpur and thereafter at Santacruz. Their cohabitation continued till 14/11/2022. It is her case that she was being harassed on account of not bringing sufficient dowry. She was being ill-treated on flimsy grounds. She had also grievance about the character of the Petitioner No.1. On this background, she was compelled to lodge complaint with the police station. Yet the charge-sheet is not filed.

3.

When the present Petition was filed, the matter was referred to mediation pursuant to the order dated 14/10/2024. The parties have sat together and decided to resolve the dispute. Now they have decided to dissolve their marriage by filing mutual consent Petition. They have executed the consent terms. It is annexed to the affidavit. The permanent alimony is fixed. As a part of it today, the demand draft of Rs.5 lakhs is handed over to Respondent No.1. She admits the same. Rest of the terms are

3 / 3 complied by the parties. Today the Respondent No.1 is present. She has filed an affidavit. She has signed the same. She admits the contents. She is identified by her learned Advocate. 4.

The dispute is of personal in nature and the society is not concerned. It is in the interest of both the parties not continue with the prosecution but to quash it. 5.

Hence, the following order :

O R D E R

(i) The FIR registered vide C.R. No.777/2023 registered with Wakola Police Station and the further proceedings arising out of the said FIR, are quashed and set aside.

(ii) The application is disposed of.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)