Mayuresh Nandkumar Wavhal 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 APPLICATION NO. 448 OF 2024

1. Mayuresh Nandkumar Wavhal

2. Shalini Nandkumar Wavhal

3. Nandkumar Baban Wavhal

4. Moniks Suraj Ngose .....Applicants

Versus

1. The State of Maharashtra

2. Karishma Mayuresh Wavhal .....Respondents ----- Vijay P. Agale i/by Adv. Manisha Gaikwad - Advocate for the Applicants.

Mr. Sushil C. Matkar, Adv. Disha Chaurasia a/w Adv. Aditya Mandavkar a/w Adv. Omkar Mayekar i/by Corpslegal - Advocate for the Respondent No. 2.

Mr. S. V. Gavand - APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 23rd APRIL 2025 P.C. :

1.

This is an application for quashing of the proceedings arising out of C.R. No. I-292-2022 registered at Ambernath Police Station under Sections 498-A, 406, 504, 506 read with 34 of the Indian Penal Code and the consequential proceedings pending before JMFC, Ulhasnagar.

by SEEMA KSHITIJ YELKAR Date:

2025.04.28 12:44:11 +0530 SEEMA KSHITIJ YELKAR

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2.

The parties have settled the matter. Therefore, it is not necessary to refer to the allegations made in the F.I.R. in detail. The F.I.R. is lodged by the Respondent No. 2 on 07.06.2022. The gists of the F.I.R. is that she got married with the Applicant No. 1 on 09.02.2018. The Applicant Nos. 2 and 3 are his parents. The Applicant No. 4 is his sister. At the time of wedding, the informant's parents gave ornaments to the couple. They had spent for the marriage expenses. After the marriage, she started residing in her matrimonial house with the husband and his parents. But immediately, the ill-treatment started. She was threatened. The father-in-law used to consume liquor and used to harass her. The F.I.R. mentions that on two occasions the informant had become pregnant, but had suffered abortion. She was made to work in spite of her fragile health issues. The husband was also ill treating her. The allegations are that she was ill treated on the demand of Rs. 15 lakhs. The streedhan was misappropriated. On these allegations, the F.I.R. was lodged.

3.

The investigation was carried out and the charge-sheet contains the statements of informant's parents, brother and sister. All of them have supported the case of the first informant.

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4.

Now the parties have settled their dispute. The Respondent No. 2 has filed her affidavit giving her specific no objection for quashing of these proceedings. In her affidavit, she has stated that she has received certain amount and ornaments. The disputes between the parties are settled amicably, and she has given her affidavit for quashing of the present proceedings. The Respondent No. 2 is present in the Court. She is identified by her learned Counsel. She reiterated the statements made in the affidavit. She has reiterated before the Court that she has no objection for quashing of the proceedings.

5.

The dispute between the parties is purely personal in nature and therefore, we are inclined to allow this application. Hence, the following order:-

ORDER

(i) The Criminal Application is allowed.

(ii) The F.I.R. registered against the present Applicants vide C.R. No. I-292 of 2022 at Ambernath Police Station under Sections 498-A, 406, 504, 506 read with 34 of the Indian Penal Code and the consequent proceeding

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pending before JMFC, Ulhasnagar are quashed and set aside.

6.

Accordingly, the Criminal Application is disposed of. (S.M. MODAK, J.) (SARANG V. KOTWAL, J.)