Vipin Nemichand Agarwal And ANR v. State Of Maharashtra And ANR

P.H. Jayani 12 APL951.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 951 OF 2025 Vipin Nemichand Agarwal and Ors.

... Applicants Vs.

The State of Maharashtra and anr.

... Respondents Mr. Prashant Badole a/w. Mr. Soham Badole for the Applicants. Ms. Supriya Kak, APP for the Respondent No.1 - State. Mr. Amit Dubey i/b. Mr. Ashok Saraogi for Respondent No.2. Ms. Ruchi Vipin Agrawal, Respondent No.2, present in Court. Mr. Ghadage, PSI, Pairvai Police Station, present. CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATED : 25th SEPTEMBER, 2025 P.C. :- .

This is an Application for quashing of the proceedings pending before the learned J.M.F.C., Railway Mobile Court, Andheri, Mumbai vide Criminal Case No.454/PW/2025 arising out of C.R.No.481/2024 registered at Meghwadi Police Station, Mumbai on 16/12/2024 under Sections 498-A, 406, 504 read with 34 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.

2) Heard Mr. Prashand Badole, learned Counsel for the Applicants, Ms. Supriya Kak, learned APP for Respondent No.1 - State and Mr. Amit Dubey, learned Counsel for Respondent No.2. 3) The Applicant No.1 is the husband of Respondent No.2. The 1/3

P.H. Jayani 12 APL951.2025.doc other two Applicants are his parents. The matter is completely settled between the parties. Therefore, it is not necessary to refer to the allegations in the FIR and the charge-sheet. Briefly stated, the Respondent No.2 got acquainted with the Applicant No.1 through a matrimonial website in November, 2017. The families met and the marriage was fixed. It is her case that at the time of marriage, her parents spent for expenses and for streedhan and other ornaments. The marriage took place on 22/01/2019. There are further allegations in the FIR that after the marriage, all the Applicants started harassing and ill-treating her on demand of money and gifts. On these allegations, the FIR is lodged. The charge-sheet contains statements of the parents and sister of the Respondent No.2. They have supported her allegations in the FIR.

4) The matter is now completely settled between the parties. In fact, the Applicant No.1 had filed Divorce Petition which has been converted into Petition for Divorce by mutual consent. Both the parties have filed Consent Terms in those proceedings. The Respondent No.2 is to get Rs.16,00,000/- as permanent alimony. The car loan is also to be repaid by the Applicant No.1.

5) The Respondent No.2 has filed her affidavit annexing the copy of the Consent Terms. In her affidavit, she has given her no objection for quashing of the present proceedings. The Respondent No.2 is present in the Court. She is identified by her learned Counsel. She stated before the Court 2/3

P.H. Jayani 12 APL951.2025.doc that she has no objection for quashing of these proceedings. She reiterated the contents of her Affidavit.

6) Considering the settlement between the parties, no purpose would be served by continuation of the criminal prosecution. Therefore, we are inclined to allow this Application. Hence, the following Order :- (a) The proceedings pending before the learned J.M.F.C., Railway Mobile Court, Andheri, Mumbai vide Criminal Case No.454/PW/2025 arising out of C.R.No.481/2024 registered at Meghwadi Police Station, Mumbai on 16/12/2024 under Sections 498-A, 406, 504 read with 34 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act, are quashed and set-aside. 7) The Application is disposed of.

(SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2025.09.29 11:45:05 +0530 3/3