Kunal Dilip Gala And ORS v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.52 OF 2025 Kunal Dilip Gala and others .....Applicants

Versus

The State of Maharashtra and another .....Respondents ----- Mr. M.A. Ansari, Advocate for the Applicants. Smt. M.H. Mhatre, APP for the Respondent No.1-State. Mr. Vaibhav Uttam Jagdale, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 11th FEBRUARY, 2025 P.C. :

1.

This is an Application for quashing of the FIR lodged vide C.R. No.509/2024 at Navghar police station, MiraBhayander under Sections 498-A, 354, 377, 406 and 504 of IPC.

2.

Heard Mr. M.A. Ansari, learned counsel for the Applicants, Smt. M.H. Mhatre, learned APP for the Respondent No.1-State and Mr. Vaibhav Jagdale, learned counsel for the Respondent No.2.

by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2025.02.13 15:08:14 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE Deshmane(PS)

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3.

The FIR is lodged by the first informant - the Respondent No.2. The Applicant No.1 is her husband and the Applicant Nos.2 & 3 are parents of the Applicant No.1. The FIR mentions that she got married with the Applicant No.1 on 29.6.2023. Thereafter there is a reference to some petty instances in which she was abused. The Applicant No.1 was in Merchant Navy. Whenever he used to return from his duty, he used to subject her to forcible physical relations. There are some allegations that on one occasion she had tried to consume phenyl. On another occasion, the father-in-law had outraged her modesty. On these allegations, the FIR is lodged. The investigation is over and the charge-sheet is filed. The chargesheet contains the statements of her relatives. 4.

The parties have now settled the matter. The Respondent No.2 has filed her affidavit in this Application. She has specifically mentioned that she has no complaint against the Applicants and she has decided to put an end to the FIR by resolving the issues amicably. In Paragraph No.4 of the affidavit, she has given her specific no objection for quashing

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of these proceedings. She is present before the Court. She is identified by her learned counsel. She insisted that the proceedings be quashed.

5.

Considering the insistent stand taken by the Respondent No.2 for quashing these proceedings, the Application can be allowed.

6.

Hence, the following order:

:: O R D E R ::

i.

The FIR being C.R. No.509/2024 at Navghar police station, Mira-Bhayander as well as the consequential proceedings arising therefrom, are quashed and set aside.

ii.

The Application is disposed of accordingly.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS)