Kovilraj Selvaraj Nadar And ORS v. Manimal Kovilraj Nadar @ Manimala Ravi Nadar And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1474 OF 2025 Kovilraj Selvaraj Nadar and others .....Petitioners

Versus

Manimal Kovilraj Nadar @ Manimala Ravi Nadar and another .....Respondents ----- Mr. Mikhail Day, Advocate for the Petitioners. Mr. Deepak Patel, Advocate for the Respondent No.1. Mr. S.R. Agarkar, APP for the Respondent No.2-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

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

1.

This is a Petition for quashing of the proceedings pending vide Case No.830/PW/2024 before the 61st J.M.F.C., Kurla, Mumbai under Sections 498-A, 406, 504 and 506 of IPC. The proceedings arise out of FIR being C.R. No.489/2023 dated 12.12.2023 registered at Antop Hill Police Station, Mumbai. The FIR is lodged by the Respondent No.1 - first informant.

Deshmane(PS)

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2.

The Petitioner No.1 was her husband. The other two Petitioners are his parents. The FIR mentions that the parties got in touch with each other through a matrimonial site as the Petitioner No.1 as well as the first informant wanted to get married. After initial discussion and after agreeing on the terms of marriage, the marriage took place on 9.6.2022 at Matunga. She started residing with the Petitioners and her brotherin-law. After marriage, she came to know that the Petitioner No.1 wanted to marry someone else but other Petitioners prevented him from marrying that lady. The disputes started between the couple. The Petitioner No.1 used to constantly illtreat and harass the informant. There are allegations that he was addicted to liquor and he used to spend long hours in the night leaving her alone in their house. There are allegations that the Petitioners thought that the Petitioner No.1 was under the spell of black magic. The informant did not like this superstition. She was continuously harassed. On 8.2.2023, she was left at her parent's house. Then she lodged her FIR. 3.

Now the matter is settled between the parties. They

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have obtained divorce by mutual consent. The informant had filed the proceedings under the Protection of Women from Domestic Violence Act. Those proceedings are also quashed. She has given her consent affidavit for quashing of the present proceedings. She has specifically stated in the affidavit that she has no objection for quashing of the present proceedings. She has received her belongings and the money. 4.

The Respondent No.1 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 the criminal proceedings. 5.

The dispute between the parties is purely personal in nature. The society at large is not involved. The parties have settled their disputes. The other proceedings have been concluded. There is no purpose in continuing with the present criminal prosecution. Therefore, we are inclined to allow this Petition.

6.

Hence, the following order:

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:: O R D E R ::

i.

The FIR being C.R. No.489/2023 dated 12.12.2023 registered at Antop Hill Police Station, Mumbai as well as the consequent proceedings arising therefrom being Case No.830/PW/2024 pending before the 61st J.M.F.C., Kurla, 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 11:30:58 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE