Vishal Suryamani Gupta And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1119 OF 2025 1.

Vishal Suryamani Gupta Age about 34 Years, Occupation : Security Guard. SATISH RAMCHANDRA SANGAR 2.

Shobha Suryamani Gupta Age about 54 Years, Occupation : Housewife.

SATISH RAMCHANDRA SANGAR Date: 2025.03.15 10:24:24 +0530 3.

Suryamani Gupta Age about 55 Years, Occupation : Taxi-driver. 4.

Sheetal Suryamani Gupta Age about 31 Years, Occupation : Job.

All residing at : Flat No.204, MMRDA Colony, Building No.11, Mhada Bhakti, Wadala (E), Dharavi, Mumbai : 400 037.

...Petitioners

Versus

1.

The State of Maharashtra (Dharavi Police Station) 2.

Nisha Vishal Gupta Age : Nil, Occupation : Beautician, Residing at : Flat No. C-63, Ashtavinayak Mitra Mandal, M.G.Road, Gandhi Nagar, Dharavi, Mumbai : 400017. ...Respondents ***** Ms.Anjali Chitta i/b. Mr.Amit Pradip Singh - Advocate for Petitioners.

Smt.M.H.Mhatre - APP for Respondent No.1 - State. Ms.Renuka Baria - Advocate for Respondent No.2. *****

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

DATE : 12th MARCH 2025 P.C. :

1.

This Petition is for quashing of the F.I.R. registered at Dharavi Police Station vide C.R. No.79 of 2023 dated 29th January 2023 and the consequent proceedings under Sections 323, 34, 403, 498-A, 504, 506 of the Indian Penal Code, 1860 ("IPC") and under Section 4 of the Dowry Prohibition Act, 1961.

2.

The charge-sheet is resulted in Police Case PW/ 1214/2023 pending before the 12th Judicial Magistrate First Class, Bandra, Mumbai. The prayer is made for quashing of those proceedings as well.

3.

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 and the Petitioner No.4 is his sister. It is not necessary to refer to the instances and the allegations in detail. Because, the parties have now settled the matter and they have decided to live their separate life peacefully. 4.

The Respondent No.2 got married with the Petitioner No.1 on 18th November 2021. At the time of

marriage, her parents had given the Petitioners expensive articles, a two wheeler and gold ornaments. However, she was not treated properly. She was harassed on the demand of Rs.2,00,000/- (Rupees Two Lakh) more. There are allegations that the Petitioner No.1 was addicted to liquor and he used to beat her. Her stridhan was also misappropriated. Other Petitioners used to instigate him. She was driven out of her matrimonial house.

On these allegations, the F.I.R. is lodged.

5.

Now, the matter is settled between the parties. The Petitioners paid Rs.4,00,000/- (Rupees Four Lakh) to the Respondent No.2 as full and final settlement. The Respondent No.2 had filed the complaint under the Protection of Women from Domestic Violence Act, 2005. That complaint was also withdrawn by her. She has filed her Affidavit-in-Reply mentioning the fact of settlement and has given her "No objection" for quashing of the present proceedings. She is present in the Court. She is identified by her learned counsel. She stated that she has "No objection" for quashing of the proceedings. She reiterated the contents of the Affidavit.

6.

The dispute between the parties is purely personal in nature. The society at large is not involved. The settlement is arrived at to the satisfaction of the Respondent No.2. Therefore, there is no impediment in allowing this Petition. Hence, the following order:-

O R D E R

(i) The C.R. No.79 of 2023 registered with Dharavi Police Station and the proceedings i.e. Police Case PW/1214/2023 pending before the 12th Judicial Magistrate First Class, Bandra, Mumbai are quashed and set aside.

7.

With these observations, the Petition is disposed of. (S.M.MODAK, J.) (SARANG V. KOTWAL, J.)