Shailesh Ambikaprasad Dubey And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1747 OF 2025 1.

Shailesh Ambikaprasad Dubey 2.

Ambikaprasad Mataprasad Dubey SATISH RAMCHANDRA SANGAR 3.

Sanjeev Ambikaprasad Dubey SATISH RAMCHANDRA SANGAR Date: 2025.05.06 10:39:48 +0530 4.

Pratima Sanjiv Dubey

...Petitioners

Versus

1.

The State of Maharashtra and Another

...Respondents

***** Mr.Pankaj Dixit - Advocate for Petitioners.

Mr.J.P.Yagnik - APP for Respondent No.1 - State. Mr.Shashi Prakash Mishra - Advocate for Respondent No.2. Mr.Tushar Malode - PSI - Navghar Police Station. ***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.

DATE : 2nd MAY 2025 P.C. :

1.

Heard learned Advocate for the Petitioners, learned APP for the Respondent No.1 - State, and the learned Advocate for the Respondent No.2.

2.

The Petition is filed for quashing of the F.I.R. bearing C.R. No.341 of 2022 which is registered at Navghar

Police Station on 30th April 2022 for the offences punishable under Sections 323, 406, 498-A, 504, 506 read with 34 of the Indian Penal Code, 1860 ("IPC"). After completion of the investigation, the charge-sheet is filed, and it is pending in the Court of Judicial Magistrate First Class - Thane bearing R.C.C. No.880 of 2023.

3.

The Petitioner No.1 is the husband of the Respondent No.2 whereas, the Petitioner No.2 is the father-inlaw, and the Petitioner Nos.3 and 4 are the brother-in-law, and the sister-in-law respectively. The Respondent No.2 married with the Petitioner No.1 on 19th June 2019 at Kandivali. She started cohabitating with the Petitioner No.1. She was being illtreated on account of dowry. She gave birth to a daughter on 3rd March 2020. Still, the ill-treatment continued. The total cohabitation was from 14th July 2019 till 27th March 2022. Fed up with the ill-treatment, she was not having any alternative but to lodged a police complaint.

4.

There are also other proceedings including the Domestic Violence Act. During pendency of these proceedings, they have realised that it is in their best interest to separate themselves, and they have chosen to separate the marital ties.

Accordingly, they have also filed a Marriage Petition No.57 of 2025 before the Civil Judge, (Senior Division) Court, Thane. The terms are settled including the permanent alimony for the wife, and daughter to the satisfaction of both the parties. 5.

Today, the Respondent No.2 is present. She has filed Affidavit thereby giving consent for quashing of the charge-sheet. She identified her signature. She is identified by her Advocate. As the dispute is personal in nature, and the parties are interested to move ahead in life, we are inclined to quash the proceedings. Hence, the following order:-

O R D E R

(i) The F.I.R. registered vide the C.R.No.341 of 2022 at Navghar Police Station under Sections 323, 406, 498-A, 504, 506 read with 34 of IPC, and the charge-sheet are quashed, and set aside.

6.

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