Ritesh S O Ramesh Dandale v. State Of Maharashtra Through Officer In Charge Of Police Station Kamothe
Gokhale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 427 OF 2025 Ritesh S/o Ramesh Dandale & Ors.
..Applicants
Versus
The State of Maharashtra & Anr.
..Respondents WITH CRIMINAL APPLICATION NO. 901 OF 2022 Nilesh S/o Ramesh Dandale & Anr.
..Applicants
Versus
The State of Maharashtra & Anr.
..Respondents __________ Mr. S. B. Patil a/w. V. J. Bhambere for Applicants in both APLs. Mr. J. P. Yagnik, APP for State/Respondent.
Ms. Monika Kale for the Respondent No.2 in APL/427/2025. Ms. Monika Kale i/b. Sandeep Karnik for the Respondent No.2 in APL/901/2022.
__________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ.
DATE : 28 APRIL 2025 PC :
1.
Both these applications are decided by this common order because they are arising out of the same registered offence. 2.
The Applicants are seeking quashing of the F.I.R. registered vide C.R.No.167 of 2022 at Kamothe police station, Navi Digitally signed by VINOD BHASKAR GOKHALE Date:
2025.05.02 11:51:33 +0530 VINOD BHASKAR GOKHALE
Mumbai, on 17.07.2022, under sections, 498A, 323, 406, 504 and 506 r/w. 34 of the I.P.C. The investigation is over and the chargesheet is filed. A prayer is made for quashing of the charge-sheet, as well.
3.
Heard Mr. Patil, learned counsel for the Applicants in both applications, Mr. Yagnik, learned APP for the State and Ms. Monika Kale, learned counsel for the Respondent No.2. 4.
It is not necessary to refer to the allegations in the F.I.R. in detail because the parties have now settled the dispute. The gist of the F.I.R. is that the informant/Respondent No.2 got married with the Applicant Ritesh on 27.02.2021. The Applicant Ritesh and his parents are the Applicants in Criminal Application No.427 of 2025. Whereas, the Applicant No.1 Nilesh in Criminal Application No.901 of 2022 is Ritesh's brother and Applicant No.2 Jyoti in the same application is Ritesh's maternal aunt. The F.I.R. mentions that, after marriage, from the next day onwards, the mother in law stopped talking with the informant. She was illtreated because, according to the applicants she had not brought sufficient dowry in
the marriage. She was being illtreated on petty issues. When the mother in law was admitted to hospital, even then, the informant was blamed for the same. There are allegations that, she was continuously illtreated for various demands including a car. The informant was not allowed to use the washing machine which they already had in their house. Her husband Ritesh used to illtreat her regularly and used to beat her. Even after counselling session, he assaulted the informant. On these allegations the F.I.R. was lodged. 5.
Now the dispute is settled between the parties. The Respondent No.2 has filed her Affidavit. She has stated that the dispute is amicably settled and they have filed the petition U/s.13B of the Hindu Marriage Act, vide M.P.No.147 of 2025 before the C.J.S.D., Vasai, for divorce by mutual consent. She has no grievance remaining against the applicants. Therefore, both the applications can be disposed of.
6.
The Respondent No.2-first informant is present before the Court. She is identified by her learned counsel. She has stated before the Court that she has no objection for quashing of these
proceedings.
7.
The dispute between the parties is purely personal in nature. Therefore, we are inclined to allow these applications. 8.
Hence, the following order:
O R D E R
i) The F.I.R. registered vide C.R.No.167 of 2022 at Kamothe police station, Navi Mumbai, on 17.07.2022, under sections, 498A, 323, 406, 504 and 506 r/w. 34 of the I.P.C., and the consequent proceedings, are quashed and set aside.
ii) Both the Applications are disposed of.
(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)