Bombay High Court
Sanket Manikraj Landge And Anr vs Varsha Sanket Landge @ Varsha Sharad ... on 12 August, 2024
Author: Neela Gokhale
Bench: A. S. Gadkari, Neela Gokhale
2024:BHC-AS:32742-DB
sns 15-wp-557-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 557 OF 2024
1. Mr. Sanket Manikraj Landge
Age: 27 years, Occ: Service,
2. Mrs. Kamal Manikraj Landge
Age: 53 years, Occ: Teacher,
Residing at-B-1/5 Om Siddhivinayak,
Haji Malang Road, Omkar Nagar,
Netiwali, Kalyan (East) 421306
Also residing at C-302, Sarvoday Paradise,
C-Wing, Near Bhanusagar talkies,
Behind Kalyan Station Platform No.1,
Kalyan (W) Dist-Thane 421301 .....Petitioners
Vs.
1. Varsha Sanket Landge
@ Varsha Sharad Dumbre
Age: 27 years, Occ: Housewife,
Residing at- Danji Patkar Chawl,
Khindipada Dargah Road,
Near Municipal School, Mulund (W),
Mumbai 400 082
2. The State of Maharashtra,
Through Bhandup Police Station .....Respondents
Mr. Abhishek P. Kase, for the Petitioners.
Ms. Supriya Y. Kadam, for Respondent No.1.
Mr. V.N.Sagre, for Respondent No.2-State.
CORAM : A. S. GADKARI AND
DR NEELA GOKHALE, JJ.
DATE : 12th AUGUST, 2024.
JUDGMENT (Per Dr. Neela Gokhale, J) :
-
1) Petitioners, i.e., husband and mother-in-law of the Respondent
sns 15-wp-557-2024.doc
No.2 respectively, have filed present Petition under Article 226 of the
Constitution of India for quashing of RCC No.289/PW/2023 pending before
the 53rd Court, Judicial Magistrate First Class, Mulund arising out of FIR
No.306 of 2022 dated 11th May 2022 registered with Bhandup Police
Station, Mumbai for the offences punishable under Sections 498-A, 377,
406 504 read with 34 of the Indian Penal Code, 1860 ('IPC').
2) It is the case of the Respondent No.2 that, she was married to the
Petitioner No.1 on 8th December 2020. They started residing at Kalyan, the
matrimonial home. It is her say that right from the beginning of the
marriage, the Petitioners treated her with utmost amount of mental and
physical cruelty. There was considerable matrimonial discord between the
parties leading the Respondent No.1 to lodge the subject FIR.
3) The parties have now decided to amicably resolve the disputes by
dissolving their marriage. They have thus filed Consent Terms dated 29 th
August 2023 before the Civil Judge Senior Division at Kalyan in M.P. No.353
of 2022.
4) Advocate Abhishek Kase appears for the Petitioners and
Advocate Supriya Kadam represents the Respondent No.1. Mr. V.N. Sagare,
learned APP represents the State.
5) Both the Advocates contend that considering the decision of
the parties to resolve their dispute by amicable settlement, the subject FIR
be quashed. The Respondent No.1 has filed a Consent Affidavit dated 8 th
sns 15-wp-557-2024.doc
December 2023 duly affirmed before a Notary Public. In paragraph 7
thereof, the Respondent No.1 has stated that, she does not want to proceed
further with the registered FIR vide C.R.No.306 of 2022 with Bhandup
Police Station under Sections 377, 498A, 504 read with 34 of the IPC dated
11th May 2022. In paragraph 9 thereof, the Respondent No.1 has given her
no objection to quash the subject FIR since they have mutually divorced
each other and residing separately.
6) Respondent No.1 is personally present in the Court and
through her Advocate reiterates the contents of her Affidavit dated 8 th
December 2023 and her 'no objection' for quashing of the crime in question.
7) In these circumstances, RCC No.289/PW/2023 pending before
the 53rd Court, Judicial Magistrate First Class, Mulund arising out of FIR
No.306 of 2022 dated 11th May 2022 registered with Bhandup Police
Station, Mumbai are quashed and set aside.
7.1) The Petition is accordingly allowed in terms of prayer clause
(a).
(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.)
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:
2024.08.16
12:22:22
+0530
