Anish Suresh Ambavkar 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.1564 OF 2025 Anish Suresh Ambavkar and others .....Petitioners

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Vatsal Thakkar, Advocate a/w. Neil Chandiwala i/b. Amol Patankar for the Petitioners.

Mr. J.P. Yagnik, APP for the Respondent No.1-State. Ms. Shraddha S. Kadam, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 08th APRIL, 2025 P.C. :

1.

This is a Petition for quashing of the FIR and the consequent proceedings.

2.

The FIR is registered as C.R. No.253/2024 on 4.5.2024 at Dadar police station, Mumbai. It was for the offences punishable under sections 498-A, 504, 506 read with 34 of IPC. It is based on a complaint lodged by the Respondent No.2. It is her case that from 10.1.2021 to 4.6.2023, the Deshmane(PS)

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present Petitioners harassed her on some flimsy grounds. 3.

The Petitioners are her husband, father-in-law and mother-in-law respectively. The charge-sheet is also filed and the case is pending bearing Criminal Case No.845/PW/2024 before the Court of learned Judicial Magistrate, First Class, 5th Court, Bhoiwada, Dadar, Mumbai.

4.

Now the parties have decided to dissolve the marriage by mutual consent. Earlier, the Petitioner No.1 has filed the divorce proceedings before the Court of Civil Judge, Senior Division at Kalyan. In view of the settlement, now the parties have decided to convert it into a mutual consent divorce petition. They have also executed the terms therein. 5.

The Respondent No.2 is present. She is consenting for quashing of the FIR. She has filed an affidavit. She admits her signature and the contents of the affidavit. She is identified by her Advocate.

6.

The dispute is personal in nature. They have decided to separate their ways. It is in their best interest to

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quash the proceedings. No purpose would be served by continuing the prosecution.

7.

Hence, the following order:

:: O R D E R ::

i.

The Petition is allowed.

ii.

The FIR being C.R. No.253/2024 registered at Dadar police station, Mumbai and the consequent proceedings being Criminal Case No.845/PW/2024 before the Court of learned Judicial Magistrate, First Class, 5th Court, Bhoiwada, Dadar, Mumbai are quashed and set aside.

iii.

The Petition is disposed of accordingly.

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

2025.04.16 17:17:21 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE