Raja Ramar Harijan And ORS v. State Of Maharahstra And ANR

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 926 OF 2025 Raja Ramar Harijan & Ors.

..Petitioners

Versus

The State of Maharashtra & Anr.

..Respondents __________ Ms. Faiza Dhanani i/b. CUE Legal for Petitioners. Mr. S. V. Gavand, APP for State/Respondent.

Mr. Abhijeet C. Mahadeokar for the Respondent No.2. __________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 20 FEBRUARY 2025 PC :

1.

This is a petition for quashing of the F.I.R. registered vide the C.R.No.1257 of 2024 at Santacruz police station, Mumbai, on 25.10.2024, under sections 85, 316(2), 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

2.

The F.I.R. is lodged by the Respondent No.2. The Petitioner No.1 is her husband, the Petitioner No.2 is his brother and the Petitioner No.3 is his mother. The F.I.R. mentions that, she got married with the Petitioner No.1 on 08.02.2019. At that time, Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.02.25 11:10:28 +0530 VINOD BHASKAR GOKHALE

her parents had given her gold ornaments and household articles. They had given cash amount of Rs.80000/- for purchasing a two wheeler. After marriage, she started residing with her husband. Other two petitioners were residing in an adjoining room. The F.I.R. thereafter goes on to mention that her husband demanded Rs.2 lakhs. She brought that amount. Then the Petitioner Nos.1 and 3 demanded Rs.1 lakh. That amount was also given to them. Till 2023, she could not conceive, therefore, on this count the petitioners started harassing her. They planned to get the Petitioner No.1's niece to get married to him. On all these counts, she was continuously harassed by all the petitioners. Since July 2023 she started residing separately and then this F.I.R. was lodged.

3.

Learned APP submitted that the charge-sheet is filed. The F.I.R. covers all the allegations made against the Petitioners. 4.

Now the parties have settled the matter. The Respondent No.2 has filed her Affidavit of consent. There is a reference of payment of Rs.13 lakhs which were to be paid to her by the

petitioners as one time settlement. On that condition, she had given her consent for quashing of the F.I.R. She is present before the Court. She is identified by her learned counsel. A Demand Draft of Rs.13 lakhs was handed over to her in the Court by the learned counsel for the petitioners; which is accepted by the learned counsel for the Respondent No.2. The Respondent No.2 has stated before the Court that she has no objection if the proceedings are quashed and that she has received the demand draft.

5.

The dispute between the parties is purely personal in nature. The society at large is not involved. The Respondent No.2 is satisfied with one time settlement. The parties want to lead their separate life. Considering this situation, we do not see any impediment in allowing this petition.

6.

Hence, the following order:

O R D E R

i) The F.I.R. registered vide the C.R.No.1257 of 2024 at Santacruz police station, Mumbai, on

25.10.2024, under sections 85, 316(2), 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and the consequent proceedings are quashed and set aside.

ii) The Writ Petition is disposed of.

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