Harshvardhan Samor And ORS v. State Of Maharashtra And ANR

LSP 1 38 Wp-1070-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Writ Petition No. 1070 of 2025 Harshvardhan Samor And Ors.

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Petitioners V/s.

State Of Maharashtra And Anr.

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Respondents.

Adv. Som. Sinha a/w Divya Vishwanath a/w Rutuja Thaker i/by Som Sinha and Associates - Advocate for Petitioners. Smt. M. H. Mhatre- APP for Respondent-State.

Mr. Rugved More - Advocate for Respondent No. 2. CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

Digitally signed by LATA SUNIL PANJWANI Date:

2025.03.11 11:52:40 +0530 DATE : 5th March 2025.

P.C. :

LATA SUNIL PANJWANI This is the petition for quashing of FIR registered vide C.R. No.777/2024 dated 24th December 2024 under Sections 498A and 406 registered with Varsova Police Station and consequent proceedings arising from it.

2.

The FIR is lodged by Respondent No.2. Petitioner No.1 is her husband. Petitioner No.2 is mother of Petitioner No.1 and Petitioner No.3 is his sister. The FIR mentions that the informant got married with Petitioner No.1 on 12th December 2019. Before marriage the informant met the family members of the Petitioners. She had expressed her financial difficulties. At that time they had assured her that they would help her financially by giving Rs. 2 lakhs per month.

LSP 2 38 Wp-1070-2025.doc After marriage they did not keep their promise. Instead, Petitioner No.2 and 3 started passing sarcastic remarks and started suspecting her character. Petitioner No.1 and Respondent No.2 started residing separately. Petitioner No.1 got addicted to drinking liquor. He used to pick up quarrels and used to beat her. On 31st December 2023 he had beaten her and had pushed her from the car. Respondent No.2 had sought police help. Thereafter, the dispute was settled. Petitioner No.1's father had sought forgiveness from her. Slowly Petitioner No.1 started removing his articles from their house and started residing with his parents. Petitioners had mis-appropriated her gold ornaments. On these allegations, FIR was lodged. 3.

Now the matter is settled between the parties. Respondent No.2 and Petitioner No.1 have decided to obtain divorce. Respondent No.2 has filed her affidavit in this matter. In the affidavit she has given her no objection for quashing of this FIR. She is present in the Court. She is identified by her learned counsel. She reiterated the contents of the affidavit. She stated before the Court that she has no objection for quashing of these proceedings. The dispute between the parties is purely personal in nature. The Society at large is not involved. They have settled the matter and have decided to separate from each other. No purpose will be served by continuation of criminal proceedings. Therefore, we are inclined to allow this Petition. Hence, following order:

LSP 3 38 Wp-1070-2025.doc

ORDER

(i) The Writ Petition is allowed.

(ii) The F.I.R. registered vide C.R. No.777/2024 with Varsova Police Station under Sections 498A and 406 and consequent proceedings arising from it are hereby quashed and set aside.

4.

The Writ Petition stands disposed of accordingly. (S.M. MODAK, J.) (SARANG V. KOTWAL,J)