Dipesh Kashiram Rahate And ANR v. State Of Maharashtra And ANR

WAKLE MANOJ JANARDHAN H.C. SHIV 18.w4984.25.doc WAKLE MANOJ JANARDHAN Date: 2025.10.01 18:22:58 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4984 OF 2025 Dipesh Kashiram Rahate & Anr.

... Petitioners Vs.

State of Maharashtra & Anr.

... Respondents Mr. Q. S. Kapasi for the Petitioner.

Ms. Sharmila S. Kaushik APP for the Respondent-State. Mr. Santosh Lokhande with Swapnil Sagvekar for Respondent No.2. Ms. Shilpa Duthade, API, Samta Nagar police station present. CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATED : 26th SEPTEMBER, 2025 P.C. :- 1) Present Petition is seeking quashing and setting aside of the FIR bearing No.253 of 2022 registered with Samta Nagar police station under Sections 498A, 406, 341, 323, 504 read with 34 of the I.P.C. on the report filed by the Respondent No.2 against the Petitioners. The Petitioner No.1 is husband and the Petitioner No.2 is mother-in-law of the Respondent No.2. 2) The matter is amicably settled between the parties, therefore, it is not necessary to refer the allegations leveled in the FIR in detail. 1/3

H.C. SHIV 18.w4984.25.doc 3) Briefly stated, the the allegations made in the FIR are that the Petitioner No.1 and the Respondent No.2 got married on 5th July, 2020. After marriage, the Respondent No.2 went to reside with the family of the Petitioner No.1. However, immediately thereafter, the Petitioner No.1 told her to get her share in her parental property. Both the Petitioners used to taunt her on account of her earning and domestic work and raise dispute without any reason. The Petitioners used to ask her to bring money from her parents. Respondent No.2 used to force her to do cleaning work in night time. They used to insult her father for giving lesser dowry. On 6th June, 2021 the Petitioner No.1 abused, insulted and assaulted her. On 22nd July, 2021 Petitioner No.2 was driven her out of the house.

On these allegations, the crime came to be registered against the Petitioners. 5) Now, the matter is settled between the parties. The Respondent No.2 is present in the Court. She is identified by her learned Advocate. The Respondent No.2 has filed her affidavit giving her no objection to quash the aforesaid FIR. She has reiterated the contents in the affidavit. The Petitioner No.1 and the Respondent No.2 have decided to dissolve their marriage by mutual consent. The Respondent No.2 stated that she has resolved her dispute with the Petitioners.

6) In view thereof, continuation of the proceedings arising out of the FIR will not serve any purpose. Therefore, we are inclined to allow this Petition in the interest of justice and in the interest of the parties. Hence, 2/3

H.C. SHIV 18.w4984.25.doc the following Order :- :: ORDER ::

(i) The FIR bearing C.R.No.253 of 2022 registered with Samta Nagar police station against the Petitioners for the offences punishable under Sections 498A, 406, 341, 323, 504 read with 34 of the I.P.C. and the consequent proceedings are quashed and set aside.

(ii) Petition is disposed of in the aforesaid terms. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) 3/3