Akashkumar Ramesh Maurya v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1023 OF 2025

1. Mr. Akashkumar Ramesh Maurya

2. Mr. Ramesh Bansoo Maurya

3. Mrs. Gayatri Ramesh Maurya

4. Miss Ashna Ramesh Maurya .....Petitioners

Versus

1. The State of Maharashtra

2. Mrs. Sheetal Akashkumar Maurya .....Respondents ----- Mr. Vishal Shukla a/w Rishikesh Singh- Advocate for the Petitioners. Smt. M. H. Mhatre - APP for the Respondent-State. Mr. M. A. Saiyed i/by Anusha Shete - Advocate for the Respondent No. 2.

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

DATE : 25th FEBRUARY 2025 P.C. :

1.

This is a petition for quashing of the F.I.R. registered vide C.R. No. 205 of 2023 at Vashi Police station on 05.07.2023 under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code and the SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date:

2025.02.28 11:01:38 +0530

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consequent proceedings bearing R.C.C. No. 186 of 2024 pending before the 9th CJJD and JMFC Court at Belapur. 2.

The F.I.R. is lodged by the Respondent No. 2. The Petitioner No. 1 is her husband. The Petitioner Nos. 2 and 3 are his parents. The Petitioner No. 4 is his sister. The F.I.R. mentions that the Respondent No. 2 got married with the Petitioner No. 1 on 11.02.2022 at Thane. It was a love marriage. At the time of marriage, the Petitioners had demanded some expensive articles, but the Respondent No. 2's mother has refused to give those articles. She had agreed to give gold ornaments to the Respondent No. 2. The F.I.R. thereafter goes on to mention that, initially the couple was staying separately, but since June 2022, they started residing at Panvel with all the Petitioners. They all were staying together alongwith the Respondent No. 2. In the F.I.R.

, there are certain allegations that the Petitioners were demanding furniture and other articles as dowry. They wanted the Respondent No. 2 to give her salary to them. There are instances of ill-treatment and harassment. There are allegations that the husband was having extra marital relationship with another woman. The other Petitioners started harassing her. On this basis, the F.I.R. is lodged.

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3.

Now the Parties have settled the dispute. The Petitioner No. 1 and Respondent No. 2 are now divorced. The Respondent No. 2 has filed her affidavit giving specific consent for quashing of the F.I.R.. She is present in the Court. She is identified by her learned Counsel. She reiterated the contents of the F.I.R.. She stated that the proceeding be quashed.

4.

The dispute between the Parties is purely personal in nature. The Petitioner No. 1 and the Respondent No. 2 have obtained the divorce. No further dispute is pending between them. Now the Parties have settled their dispute. No purpose will be served in continuation of the criminal proceeding. Therefore, we are inclined to allow the petition. Hence, the following Order :-

ORDER

(i) The Writ Petition is allowed.

(ii) The F.I.R. registered against the present Petitioners vide C.R. No. 0205 of 2023 at Vashi Police Station under Sections 498-A, 504, 506 read with 34 of the Indian Penal Code and the consequent proceedings bearing R.C.C. No. 186 of 2024, pending before 9th

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CJJD and JMFC Court at Belapur are quashed and set aside.

5.

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