Husain Zoeb Manasawala And ANR 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.1473 OF 2025 Husain Zoeb Manasawala and another .....Petitioners

Versus

The State of Maharashtra and another ....Respondents ----- Mr. Saif Mobhani, Advocate a/w. Tasmiya Khan for the Petitioners.

Smt. M.M. Deshmukh, APP for the Respondent No.1-State. Mr. Ajay M. Muniwal, Advocate a/w. Smitta Dubey, Tushar Rane for the Respondent No.2.

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

DATE : 26th MARCH, 2025 P.C. :

1.

This is a Petition for quashing of an FIR registered with Versova Police Station, Mumbai on 22.5.2018 for the offences under Sections 498-A, 406 read with 34 of IPC. The FIR was numbered as C.R. No.221/2018. The Petitioners have also prayed for quashing of the proceedings arising therefrom being Criminal Case No.1781/PW/2020 pending before the learned 44th J.M.F.C. Court, Andheri, Mumbai. Deshmane(PS)

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2.

Heard Mr. Saif Mobhani, learned counsel for the Petitioners, Smt. M.M. Deshmukh, learned APP for the Respondent No.1-State and Mr. Ajay Muniwal, learned counsel for the Respondent No.2.

3.

The FIR is lodged by the Respondent No.2. The Petitioner No.1 is the husband and Petitioner Nos.2 & 3 are his parents. The Petitioner No.1 and the Respondent No.2 married with each other on 4.9.2016. Both of them have cohabited at Versova, Andheri (West), Mumbai. During the marriage, the Petitioners were given certain ornaments but still there was a further demand. On this ground, the Respondent No.2 was harassed by the Petitioners. The Respondent No.2 had gone to her parent's house in the month of October, 2016. On her return to her matrimonial house, she saw that there was partition in the bed-room. When asked about the same, she was not given proper answers and in fact she was threatened by the Petitioner No.2. There was a further demand of Rs.5 Lakhs. That is why her married life was not peaceful. It resulted into registration of this offence. Earlier to this, the

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Respondent No.2 had also lodged her complaint with Mumbra police station for the offence under Sections 323, 504, 506 of IPC. Later on, the present offence is registered. 4.

The Petitioner No.1 has filed a Petition for decree of divorce before the Family Court, Bandra. Now the parties have settled the disputes. The Respondent No.2 has agreed for dissolution of the marriage and they have entered into the consent terms. She has also consented for quashing of the FIR. She has filed an affidavit.

5.

Today the Respondent No.2 is present before the Court. She is identified by her Advocate. She admits the contents in the affidavit.

6.

The dispute between the parties is personal in nature. The society at large is not concerned. For the future betterment of the parties, we deem it appropriate to quash the FIR. The charge-sheet is also filed. We also deem it appropriate to quash the same.

7.

Hence, the following order:

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:: O R D E R ::

i.

The FIR being C.R. No.221/2018 registered with Versova Police Station, Mumbai as well as the consequent proceedings arising therefrom being Criminal Case No.1781/PW/2020 pending before the learned 44th J.M.F.C. Court, Andheri, Mumbai, are quashed and set aside.

ii.

The Petition is disposed of accordingly.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2025.04.01 11:31:34 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE