Nitin Inderjit Singh Thakur And ORS v. State Of Maharashtra And ORS

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1382 OF 2025 Nitin Inderjit Singh Thakur & Ors.

..Petitioners

Versus

The State of Maharashtra & Ors.

..Respondents __________ Mr. Hemal Shah i/b. Rabiya Bhamla for Petitioners. Mr. B.V. Holambe Patil, APP for State/Respondent. Ms. Atiya Shaikh for the Respondent No.3.

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

DATE : 20 MARCH 2025 PC :

1.

This is a petition for quashing of the F.I.R. registered vide C.R.No.1349 of 2022 at Oshiwara police station, Mumbai, on 13.09.2022, under sections 498A, 323, 504, 506 and 509 r/w. 34 of the I.P.C. and the consequent proceedings arising out of the said F.I.R.

2.

The Petitioner No.1 is the husband of the Respondent No.3, the Petitioner Nos.2 and 3 are his parents and the Petitioner No.4 is his sister. Though, the charge-sheet is filed, it is not Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.03.24 12:43:44 +0530 VINOD BHASKAR GOKHALE

annexed to this petition. It is not necessary to refer to the allegations in detail because the parties have settled the matter. They have not only settled the matter, but in fact, the Respondent No.3 has resumed co-habitation with the Petitioner No.1 and they are residing happily and peacefully together. The F.I.R. was lodged on the allegations that, she was married to the Petitioner No.1 on 14.08.2014. There are certain allegations of illtreatment, harassment and certain reasons for dispute between the couple. However, in the interest of the parties, we are not referring to any allegations in the F.I.R. The couple has two children aged 9 years and 5 years.

3.

The Respondent No.3 has filed her consent affidavit giving her specific no objection for quashing of these proceedings. The proceedings before the Family Court are also withdrawn. The Respondent No.3 is present in the Court. She is identified by her learned counsel. She stated before the Court that she is residing with the Petitioner No.1 with their young children and she does not want to prosecute this case any further.

4.

Considering that the dispute is a thing of past and both of them are residing together with their children, it would be in the interest of all the parties concerned that the prosecution is quashed.

5.

Hence, the following order:

O R D E R

i) The F.I.R. registered vide C.R.No.1349 of 2022 at Oshiwara police station, Mumbai, on 13.09.2022, under sections 498A, 323, 504, 506 and 509 r/w. 34 of the I.P.C. and the consequent proceedings arising out of the said F.I.R. are quashed and set aside.

ii) The Writ Petition is disposed of.

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