Sangeeta Suresh Ghone v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4929 OF 2025 Sangeeta Suresh Ghone, ] R/of Goregaon (E), Mumbai ] .. Petitioner

Versus

1. State of Maharashtra, ] Through Home Department ]

2. Senior Police Inspector, ] Dindoshi Police Station, ] Malad (East), Mumbai ] .. Respondents Mr. Kunal U. Shirgire, i/by Mr. Vikas Kolekar, Mr. Prashant Patole and Mr. Harshal Parab, Advocates for the Petitioner. Mrs. G.P. Mulekar, Additional Public Prosecutor for Respondent Nos.1 and 2.

PSI Nitin Anil Nandile and PI Hemant Hadukar are present in Court.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 26TH SEPTEMBER 2025.

P.C. :

The petitioner has made the following prayers in this Writ Petition :- "(a) That this Hon'ble Court be pleased to issue the Rule and call for records and proceedings;

(b) This Hon'ble Court be pleased to issue a writ of mandamus or certiorari or any other appropriate, writ/direction/order in the nature of writ of mandamus or certiorari under Article 226 of the Constitution of India, 1950, thereby direct the respondent nos.1 and 2 to take proper legal action and take cognizance against the accused persons in accordance with law;

(c) Pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to direct to the respondent nos.1 and 2 to enquire the matter and file report before this Hon'ble Court;

(d) Interim/ad-interim order in terms of prayer clause (c) above be granted;

(e) Such other and further reliefs be granted as the nature and circumstances of the case may be required." 1/2 913-WP-4929-2025.doc Dixit

2.

The petitioner states that she is a widow and a working woman. This is the case set up by the petitioner that a proposal for the marriage of her daughter was moved by her own sister and brother-in-law and "seeing ceremony" took place on 26th November 2023. In connection to the marriage negotiations, she gave five tolas of gold for the bride, two tolas gold for the groom and Rs.2,50,000/- in cash as dowry. She further states that there was a further demand to bear the cost of five cars but she was unable to meet the demand and cancelled the marriage proposal. 3.

In the aforesaid facts, the petitioner states that the accused persons who received five tolas of gold and Rs.2,50,000/- cash have now declined to return such articles to her and, therefore, she made a complaint to the police. The grievance of the petitioner is that the police has yet not taken any steps in the matter and did not conduct investigation.

4.

As stated in paragraph no.5 of this writ petition, if this is the case set up by the petitioner that she herself cancelled the marriage proposal, in our opinion, no criminality can be attached to the transaction which took place between the petitioner and the accused persons. In that view of the matter, no indulgence can be granted in the present writ petition and, accordingly, Writ Petition No.4929 of 2025 is dismissed.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

2025.10.08 18:22:16 +0530 2/2 913-WP-4929-2025.doc Dixit SNEHA ABHAY DIXIT