HANSABEN MAHENDRA MANIAR AND ANR v. STATE OF MAHARASHTRA AND ANR
WP/702/2023 · 2026-09-17
body2023
DailyLaw.ai
[ 2023 DAILYLAW 3242 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 3242 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
904-WP-702-2023.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.702 OF 2023 Hansaben Mahendra Maniar & Anr. …Petitioners Versus The State of Maharashtra & Anr. …Respondents Ms. Dipika V. Ved a/w. Ms. Janhavi Dubey, for the Petitioners. Mrs. Savita M. Yadav, APP, for the Respondent-State. Ms. Zainba Abdi a/w. Ms. Gayatri Gokhale and Mr. Aakash Desai, for Respondent No.2.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
17th SEPTEMBER 2026 PC:-
1.
Learned Counsel appearing for the Petitioners and learned Counsel appearing for Respondent No.2 state that the parties have settled the dispute and tendered the Consent Terms. 2. The Respondent No.2- Ms. Chintal Mehta is the widow of late Mr. Jay Mehta, who passed away on 26th May 2023. The Petitioner No.1- Ms. Hansaben Mahendra Maniar is the maternal grandmother of late Mr. Jay Mehta and Petitioner No.2-Kaushik Maniar is the maternal uncle of late Mr. Jay Mehta, whereas Petitioner No.3-Mrunal Mehta is the mother of late Jay Mehta. Page 1 Sonali
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3. In this Writ Petition, the relief sought is quashing of C.C. No.159/DV/2022 filed under Sections 12, 17, 18, 19, 20, 21, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 pending before the learned Metropolitan Magistrate, 10th Court, Andheri, Mumbai. 4. The Petitioner No.1- Ms. Hansaben Maniar is a senior citizen of 95 years. She has given Power of Attorney to Mr. Nimish Godhivala. A copy of the said Power of Attorney is annexed to the Consent Terms. The Petitioner No.2-Kaushik Maniar and the Petitioner No.3-Mrunal Mehta, are personally present in Court. Mr. Nimish Godhivala, Constituted Attorney of Petitioner No.1- Hansaben Maniar, Petitioner No.2-Kaushik Maniar and Petitioner No.3-Mrunal Mehta state that they have settled the dispute with Respondent No.2-Ms. Chintal Mehta and they have signed the Consent Terms. The Respondent No.2-Ms. Chintal Mehta is personally present in Court and states that the dispute with the Petitioners is settled in terms of the Consent Terms and she has signed the Consent Terms. The Consent Terms are also signed by the respective Advocates and the respective Advocates identify the signatures of their respective parties. Page 2 Sonali
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5. Accordingly, the said Consent Terms are taken on record and marked ‘X’ for identification. The said Consent Terms read as under: Page 3 Sonali
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6. Various statements made in the Consent Terms are accepted as undertakings given to this Court. 7.
Accordingly, the proceedings bearing C.C. No.159/DV/2022 filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 pending in the Court of learned Judicial Magistrate First Class, 10th Court, Andheri, Mumbai, are quashed and set aside by consent in terms of the Consent Terms Page 9 Sonali
904-WP-702-2023.DOC and more particularly in terms of clause 3.4(i) of the Consent Terms. 8. The keys of the subject premises have been handed over by the Respondent No.2-Ms. Chintal Mehta to the Petitioners. 9. Accordingly, the Writ Petition is disposed of in above terms with no order as to costs. [MADHAV J. JAMDAR, J.] Page 10 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.19 12:49:11 +0530