Sahil Sudhir Mahajan And ANR v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [APL] NO.429 OF 2025 Sahil Sudhir Mahajan and others .....Applicants

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Saurabh Patil, Advocate for the Applicants. Mr. S.R. Agarkar, APP for the Respondent No.1-State. Mr. Chirag J. Mehta, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 30th APRIL, 2025 P.C. :

1.

Heard Mr. Saurabh Patil, learned counsel for the Applicants, Mr. S.R. Agarkar, learned APP for the Respondent No.1-State and Mr. Chirag Mehta, learned counsel for the Respondent No.2.

2.

This Application is filed for quashing of FIR being C.R. No.778/2024. It is registered on the complaint of the Respondent No.2 on 15.7.2024 at Dahisar police station, Mumbai. The offences are under Sections 498-A, 406, 377, Deshmane(PS)

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354, 323, 504, 506 read with 34 of IPC and under Sections 3 & 4 of the Dowry Prohibition Act. It is case of the Respondent No.2 that she married the Applicant No.1 on 5.2.2018. She went for cohabitation at Delhi. The Applicant No.2 Sudhir is her father-in-law whereas the Applicant No.3 Swati is her sister-in-law. It is her case that she was being physically and mentally harassed and she was denied her stridhan articles. There is also allegation about the physical relationship. As the parties have settled the dispute we are not referring to the allegations in detail.

3.

There is a Petition for divorce filed before the Family Court by the Respondent No.2. During pendency of that Petition, both the spouses, through their learned counsel, have entered into the consent terms on 5.3.2025. They have decided to separate the marital ties. The terms are also settled. Now they are going to take divorce by mutual consent. The details are given in those consent terms and course relating to compliance of the consent terms.

4.

Today, the Respondent No.2 is present through the

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virtual mode. She is identified by her learned counsel. The Respondent No.2 is consenting for quashing of the FIR. 5.

The dispute is personal in nature. We find no reason to deny the relief Hence, the following order: :: O R D E R ::

i.

The Application is allowed.

ii.

The FIR being C.R. No.778/2024 registered with Dahisar police station, Mumbai as well as the consequent criminal proceedings arising therefrom, are quashed and set aside.

iii.

The Application is disposed of accordingly.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2025.05.07 11:11:41 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE