Rubal Baswant Modgekar And ORS v. The State Of Maharahstra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1028 OF 2025 Rubal Baswant Modgekar & Ors.

..Petitioners

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Sachin H. Deokar a/w. Rushikesh Kale for Petitioner. Smt. M. M. Deshmukh, APP for State/Respondent. Mr. Vignesh Ashokan for Respondent No.2.

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

DATE : 24 APRIL 2025 PC :

1.

This petition is for quashing of the F.I.R. registered vide the C.R.No.19 of 2025, at Akluj police station, Solapur Rural. The F.I.R. was registered on the complaint of the Respondent No.2 for the offences punishable under sections 498A, 323, 504 and 506 r/w. 34 of the I.P.C.

2.

The Respondent No.2 got married with the Petitioner No.1 on 24.02.2024 at Akluj, Taluka Malshiras. After the marriage, she started cohabiting with the Petitioner No.1 at Malshiras. She Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.04.30 15:59:12 +0530 VINOD BHASKAR GOKHALE

stayed there up to 19.04.2024. The Petitioner No.2 is her father-inlaw, the Petitioner No.3 is mother-in-law and the Petitioner No.4 is her sister-in-law. It is her case that, she was harassed by all these petitioners on account of trivial reasons. There was demand for Rs.5 lakhs for purchasing a premise and for bringing gold ornaments. She could not fulfill that demand and on that ground she was harassed. Fed up with this illtreatment, she approached the police and lodged the F.I.R. It is still under investigation. 3.

The parties have now settled their dispute and the spouses have decided to separate the marital tie after deciding to approach the Family Court for seeking divorce by mutual consent. One of the terms is giving consent for quashing of this F.I.R. 4.

Today, the Respondent No.2 is present. She has filed her Affidavit thereby giving unequivocal consent for quashing of the F.I.R. She has admitted her signature and the contents of the Affidavit. She is identified by her learned counsel. The dispute is personal in nature. If the F.I.R. is not quashed, it will remain as a hurdle in their future life. Therefore, we are inclined to allow this

petition.

5.

Hence, the following order:

O R D E R

i) The F.I.R. registered vide the C.R.No.19 of 2025, at Akluj police station, Solapur Rural and the consequent proceedings, are quashed and set aside.

ii) The Petition is disposed of.

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