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Bombay High CourtAPL/58/2025allowed

Sukhpreet Singh Kalwarn Singh Parhar v. The State Of Maharashtra And ORS

2025-02-12Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.58 OF 2025 Sukhpreet Singh Kalwarn Singh Parhar Age : 42 Years, Occupation : Private Job, Residing at : Flat No.10, Vijay Chs Ltd., Plot No.C-15, Sector 3, Opp. Airoli Railway Station, Navi Mumbai : 400708. ...Applicant

Versus

by SATISH RAMCHANDRA SANGAR Date:

2025.02.15 10:56:11 +0530 1.

The State of Maharashtra Through : Senior Police Inspector, Navghar Police Station, At Mira Bhayandar at Thane : 401107.

SATISH RAMCHANDRA SANGAR 2.

Divya Sukhpreet Singh Parhar Nee Miss. Divya Gurmeet Chadha Indian Inhabitant, An adult, Age : 34 Years, Occupation : Nil, Residing at : F - 101/02, Building No.18, Sonam Paradise CHSL, Opp.Queen Marry High Shool, Old Golden Nest Phase 3, Mira Road (East), Thane, Address as on Aadhar Card:- Vijay Chs Ltd., Plot No.C-15, Sector 3, Opp. Airoli Railway Station, Airoli, Navi Mumbai, Thane, Maharashtra :

400708.

...Respondents

***** Mr.Avishkar R. Sawant a/w Mr.Vinod Thakker and Mr.Pankaj Parakh - Advocates for Applicant.

Mr.S.V.Gavand - APP for Respondent No.1 - State. Mr.Mahesh R. Patil a/w Mr.Tarun S. Sharma - Advocates for Respondent No.2.

***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.

DATE : 12th FEBRUARY 2025

P.C. :

1.

Heard learned Advocate for the Applicant-husband, learned Advocate for the Respondent No.2-wife and learned APP.

2.

This Application is for quashing of the FIR registered with Navghar Police Station at C.R. No.444 of 2024. It is under Sections 498-A, 506 of the Indian Penal Code, 1860 ("IPC"). Both of them got married on 5th March 2017. The FIR is the outcome of the physical and mental harassment meted out by the Respondent No.2 on various occasions. The harassment was regarding the household work, about some pregnancy issue and other aspects. They have a son. Somehow, they could not continue with the cohabitation and it resulted into filing of the FIR.

3.

Initially, the Petition was filed on merits. However, later on, both of the spouses have settled their dispute and they have decided to sever their ties by filing a mutual consent divorce petition. It is filed before the Court of Civil Judge, Senior Division - Thane. All the terms are mentioned in the said Petition. The parties agreed to adhere to these terms. 4.

The Respondent No.2 has filed an Affidavit-inReply. The Respondent No.2 is present. She admits the contents

and reiterated the contents also. She has consented for quashing of this FIR. The FIR is the outcome of a matrimonial relationship and as such, the society is not concerned. 5.

We do not find any reason not to allow this Application. Hence, the order:-

O R D E R

(i) The Application is allowed.

(ii) The FIR bearing No.444 of 2024 registered with Navghar Police Station for the offences punishable under Sections 498-A, 506 of IPC and the consequent proceedings are quashed and set aside. (iii) The Application is disposed of.

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