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Bombay High CourtAPL/931/2025allowed

Rajat Hasmukh Parmar And ORS v. The State Of Mahrashtra

2025-09-16Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.931 OF 2025 Rajat Hasmukh Parmar & Ors.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents .......

• Ms. Vidhi Shah, Advocate for Applicants.

• Ms. Sharmila S. Kaushik, APP for the State/Respondent. • Ms. Sangita Walke, Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 16th SEPTEMBER, 2025 P.C. :

1.

This is an application for quashing of the proceedings arising out of the C.R.No.96/2024 registered at Arnala Police Station, resulting in the charge-sheet in connection with RCC No.1789/2024 pending before the JMFC, Vasai Court, u/s 498(A), 406, 323, 504, 506 r/w 34 of the Indian Penal Code. MANUSHREE NESARIKAR 2.

Heard Ms. Vidhi Shah, learned Counsel for the MANUSHREE NESARIKAR Date: 2025.09.18 15:39:33 +0530 Applicants, Ms. Sangita Walke, learned counsel for the Nesarikar

2 / 4 Respondent No.2 and Ms. Sharmila S. Kaushik, learned APP for the State.

3.

This matter is taken out of turn because the Applicant No.4 is present in the Court. She has an infant child and she wants to go home early. The parties are present before the Court. The Respondent No.2 is present before the Court with her learned counsel.

4.

The prayer is made for quashing by consent. The FIR is lodged by the Respondent No.2 against the Applicants. The Applicant No.1 is the husband. The Applicant Nos.2 and 3 are his parents. The Applicant No.4 is his sister. It is not necessary to refer to the allegations in the FIR in detail because the parties have settled the matter. However, very briefly, the allegations are that she got married with the Applicant No.1 on 20/11/2021. At that time, her parents had given ornaments to the Respondent No.2 and the Applicants worth more than Rs.26 lakhs. There are allegations that the marriage was not immediately consummated. She was assaulted, beaten and ill-treated. There

3 / 4 are allegations against all the Applicants. From 01/08/2022, she started residing with her parents. Her Stridhan was not returned to her. On this basis, the FIR is lodged.

5.

The charge-sheet is already filed. The Respondent No.2 is present before the Court. She has filed her affidavit giving no objection for quashing of these proceedings.

6.

In paragraph No.1 there is specific reference to the present offence and in paragraph No.2 she has stated that she has no objection for quashing of these proceedings. The Respondent No.2 is present before the Court. She is identified by her learned counsel. She has reiterated the contents of the affidavit. She submitted that the settlement is arrived at to her satisfaction. She has absolutely no objection for quashing of these proceedings.

7.

Considering this situation, there would be no point in continuation of the criminal prosecution. Therefore, in the interest of justice and in the interest of both the parties concerned, we are inclined to allow this application..

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Hence, the following order :

O R D E R

(i) The FIR vide C.R.No.96/2024 registered at Arnala Police Station and the further proceedings i.e. charge-sheet in connection with RCC No.1789/2024 pending before the JMFC, Vasai Court, are quashed and set aside.

(ii) The application is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.)