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Bombay High CourtWP/943/2025allowed

Vikas Narayan Gaikwad And ORS v. The State Of Maharashtra And ANR

2025-10-09Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak3 pages

WAKLE MANOJ JANARDHAN Manoj 906-WP-943-2025.doc WAKLE MANOJ JANARDHAN Date: 2025.10.13 18:36:20 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.943 OF 2025 Mr. Vikas Narayan Gaikwad & Ors.

...Petitioners

Vs.

The State of Maharashtra & Anr.

...Respondents

------ Mr. Siddharth Jagushte i/by Mr. Tushar Gangawane, for the Petitioners. Ms. Supriya Kak, APP for the Respondent No.1-State. Mr. Akash Kavade, for the Respondent No.2.

------ CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATED : 9th OCTOBER, 2025 P.C. :- 1) This is a Petition for quashing of the proceedings arising out of C.R. No.213 of 2021 registered with Khandeshwar Police Station under Sections 498(A), 323, 406, 504, 506 and 34 of the Indian Penal Code, 1860 dated 29th September, 2021.

2) Heard Mr. Jagushte, learned Counsel for the Petitioners, Ms. Kak, learned APP for the Respondent No.1-State and Mr. Kavade, learned Counsel for the Respondent No.2.

3) The F.I.R. is lodged by the Respondent No.2. The Petitioner No.1 is her husband. The Petitioner No.2 is sister of the Petitioner No.1. The Petitioner No.3 is the husband of the Petitioner No.2 and the Petitioner No.4 is the mother-in-law of the Petitioner No.2. 1/3

Manoj 906-WP-943-2025.doc 4) The Matter is settled between the parties and the prayer is made for quashing by consent. Therefore, it is not necessary to refer to the allegations in detail.

5) Briefly stated the allegations are that, the Respondent No.2 got married with the Petitioner No.1 in October, 2016. She started residing with the Petitioner No.1. Her two sisters-in-law were residing elsewhere. But in spite of that, the sister-in-law i.e., the Petitioner No.2 and her relatives i.e., the Petitioner Nos.3 and 4 used to frequently visit her matrimonial house and used to ill treat and abuse her. The Petitioner No.1 used to join them. There are allegations that the Petitioner No.1 used to remove all her salary and used to spend it on his addiction to liquor. On 15th March 2017, then Respondent No.2 was assaulted by all the Petitioners. Her parents were also humiliated. She was taunted because she did not have children for more than a year.

There are further allegations that the ornaments given to her by her parents were misappropriated. On all these allegations, the F.I.R. is lodged. The charge-sheet contains statements of her parents, uncle and coworkers in her office. All of them supported her allegations. 6) Now, the matter is settled between the parties. The Respondent No.2 has filed her Affidavit-in-Reply giving her no objection for quashing of these proceedings. She has stated that the dispute is amicably settled and she is to get her ornaments from the Court of Judicial Magistrate First Class, which were seized during investigation.

Manoj 906-WP-943-2025.doc objection for quashing of these proceedings. She 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) Considering the stand taken by the Respondent No.2, no purpose would be served to continuing the criminal prosecution against the Petitioners. Therefore, in the interest of justice and in the interest of the parties, we are inclined to allow this Petition. Hence, the following Order:- :: ORDER ::

(i) The F.I.R. registered at Khandeshwar Police Station vide C.R. No.213 of 2021 dated 29th September, 2021 under Sections 498(A), 323, 406, 504, 506 and 34 of the Indian Penal Code, 1860 and the consequent proceedings arising out of the same, are quashed and set aside.

(ii) The Petition is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) 3/3