Imran Kadar Sorathiya 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.173 OF 2025 Imran Kadar Sorathiya and others .....Applicants

Versus

The State of Maharashtra and another .....Respondents ----- Mrs. Nazneen Khatri, Advocate a/w. Khatri Mohamed Adil for the Applicants.

Mr. S.R. Agarkar, APP for the Respondent No.1-State. Mr. Ashutosh Singh, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 24th FEBRUARY, 2025 P.C. :

1.

This is an Application for quashing of the FIR registered vide C.R. No.550/2024 at Mahim police station, Mumbai on 25.10.2024 under Sections 74, 79, 115, 351(3), 314, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard Mrs. Nazneen Khatri, learned counsel for the Applicants, Mr. S.R. Agarkar, learned APP for the Respondent No.1State and Mr. Ashutosh Singh, learned counsel for the Respondent No.2.

3.

The FIR is lodged by the Respondent No.2. The Deshmane(PS)

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Applicant No.2 was her husband. The Applicant No.1 was the brother of the Applicant No.2. The Applicant No.3 is the wife of the Applicant No.1 and the Applicant No.4 is the sister of the Applicant No.2.

4.

The subject matter of the FIR lodged by the Respondent No.2 is the incident dated 24.10.2024, which had taken place at 1.15 p.m. The Respondent No.2 was present in her matrimonial house. At that time, there was a quarrel between the Respondent No.2 and all other Applicants. There are allegations that during that incident, the Respondent No.2 was assaulted and her modesty was outraged. On these allegations, the FIR is lodged. 5.

There were various disputes between the parties. They have resolved all their disputes. The Respondent No.2 and the Applicant No.2 have entered into a deed of settlement, which is annexed to this Application. The Respondent No.2 has filed her affidavit-in-reply in which she has given her clear consent for quashing of these proceedings.

6.

The Respondent No.2 is present in the Court. She is identified by her learned counsel. She reiterated the contents of the affidavit. She stated before the Court that she has no objection if

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the proceedings are quashed. Today in the Court, learned counsel for the Applicants had handed over a Demand Draft of Rs.20 Lakhs to the Respondent No.2. Learned counsel for the Respondent No.2 as well as the Respondent No.2 herself have accepted that Demand Draft.

7.

The dispute between the parties is purely personal in nature. The society at large is not involved. There were many cases and counter cases between the parties. The matters are now settled. Therefore, it would be in the interest of all the parties concerned that the proceedings are quashed. Therefore, we are inclined to allow this Application.

8.

Hence, the following order:

:: O R D E R ::

i.

The FIR being C.R. No.550/2024 at Mahim police station, Mumbai as well as the consequent 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) PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.02.28 13:58:20 +0530