Parag Dinesh Rambhia And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2205 OF 2025 1.

Parag Dinesh Rambhia SATISH RAMCHANDRA SANGAR 2.

Divya Dinesh Rambhia 3.

Dinesh Nathu Rambhia

...Petitioners

SATISH RAMCHANDRA SANGAR Date: 2025.04.29 19:53:11 +0530

Versus

1.

The State of Maharashtra and Another

...Respondents

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

Mr.B.V.Holambe - Patil - APP for Respondent No.1 - State. Mr.Smit K. Nagda a/w Mr.Yash S. Pagare - Advocates for Respondent No.2.

Mr.Wankhede - PSI - Tilaknagar (Dombivali) Police Station. ***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.

DATE : 25th APRIL 2025 P.C. :

1.

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

2.

This Petition has arisen out of an offence bearing C.R. No.125 of 2023 registered with Tilaknagar (Dombivali) Police Station. It is registered on 27th June 2023 for the

offences punishable under Sections 498-A, 506 read with 34 of the Indian Penal Code, 1860 ("IPC"). The F.I.R. is against the Petitioner No.1 who is the husband of Respondent No.2, and Petitioner Nos.2 and 3 are the mother-in-law, and the father-inlaw respectively. The Police have investigated the offence, and filed the charge-sheet.

3.

The informant and the Petitioner No.1 cohabitated together from 2nd July 2014 till 10th September 2022 at several places including Monani Sadan, Mulund, and at Sunrise Apartment at Bhuj, State of Gujarat. The in-laws were also residing there.

Her allegation is, her parents had gifted sufficient articles during the marriage. However, she was not allowed to use them. She was being harassed since August-2014. When there was fire in the year 2015 to the shop where the Petitioner No.1 was working, she was compelled to bring money from her parents. When the house was in dilapidated condition, they shifted to Bhuj in the year 2022. In view of this harassment, she lodged the complaint on 27th June 2023.

4.

In the charge-sheet, there are statements of the various witnesses including relatives of the Respondent No.2.

As the matter is settled, we are not going in the details of those statements.

5.

There are also other proceedings pending in between both the parties. However, they have decided to put an end to the matrimonial tie, and they have filed a divorce Petition before the Family Court, Bandra. There are also other proceedings initiated by the Respondent No.2. However, she has agreed to withdraw the same. One of the terms for settlement is, to give consent for quashing of this F.I.R. and that is how, the Respondent No.2 is present, and she has filed her "consent affidavit".

She is present today. She admits the contents of the Affidavit. She is identified by her Advocate. No purpose would be served by continuing the prosecution. The dispute is personal in nature. If the prosecution is continued, it will come in the way of their future life. We are inclined to quash the proceedings. Hence, the following order:-

O R D E R

(i) The F.I.R. registered vide C.R.No.125 of 2023 at Tilaknagar (Dombivali) Police Station, consequential charge-sheet dated 25.07.2023 bearing No.2946 of 2023, and the proceedings

bearing R.C.C. No.611 of 2023 pending before the 6th Judicial Magistrate, First Class, Kalyan are quashed and set aside.

6.

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