DATTATRAY TATYABA CHOURE AND ORS v. THE STATE OF MAHARASHTRA AND ANR
WP/536/2018 · 2025-03-10
Shri S M Modak, Shri Sarang Vijaykumar Kotwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37138 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37138 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
80-WP-536-2018.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.536 OF 2018
1. Dattatray Tatyaba Choure Age : 31 Years, Occupation : Business, Jaimangal Apartment, Vithalwadi, Akurdi, Pune : 411 035 and Others…. ...Petitioners Versus
1. The State of Maharashtra Through Government Pleader, High Court, Mumbai and Others... ...Respondents ***** Mr.Tukaram Shendge a/w Mr.Sachin Bhavar – Advocates for Petitioners. Smt.M.H.Mhatre – APP for Respondents – State. Mr.Rahul B. Khot – Advocate for Respondent No.4. ***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ. DATE : 10th MARCH 2025 P.C. :
1. This is a Petition for quashing of the F.I.R. registered vide C.R. No.389 of 2017 registered at Vairag Police Station on 14th November 2017 under Sections 498-A, 452, 323, 504, 506 read with 34 of the Indian Penal Code, 1860 (“IPC”). Satish Sangar 1 of 4 SATISH RAMCHANDRA SANGAR Digitally signed by SATISH RAMCHANDRA SANGAR Date: 2025.03.13 10:16:27 +0530
80-WP-536-2018.odt
2. The investigation is over. The charge-sheet is filed vide charge-sheet No.15 of 2019 and the prayer is made for quashing of the charge-sheet as well though the prayer in the Petition is restricted to C.R. No.389 of 2017. Leave to amend to add the prayer for quashing of the charge-sheet is granted. Amendment be carried out forthwith. 3. The F.I.R. is lodged by the Respondent No.4 – Revita. The Petitioner No.1 was her husband. The Petitioner Nos.2, 3 and 4 were her sisters-in-law. The Petitioner No.5 was her father-in-law and the Petitioner No.6 was her mother-in- law. The F.I.R. lodged by her mentions that she got married with the Petitioner No.1 on 15th December 2014. The Petitioner No.1 was an engineer and was residing at Pune. She went to Pune to reside together. Within a short period, all the Petitioners started taunting her on the ground, that sufficient money was not given by the Respondent No.2’s family. There are specific allegations of demand of Rs.10,00,000/- (Rupees Ten Lakh) by the Petitioner No.1. The F.I.R. is regarding the ill- treatment meted out to her on the demand of the amount of Rs.8,00,000/- (Rupees Eight Lakh). The ill-treatment is attributed to all the Petitioners in general. Satish Sangar 2 of 4
80-WP-536-2018.odt On these allegations, the F.I.R. is lodged. 4. The charge-sheet contains the statements of the parents, brother, uncle and neighbours of the Respondent No.2. They have supported her contention. 5.
Now, the matter is settled between the parties. In fact, the Respondent No.2 has remarried. She has filed her
“Affidavit of consent”. In that Affidavit, she has mentioned that she got married to her second husband in January-2019. She was residing happily with him. She has a daughter from that marriage. Before remarrying, she obtained divorce by mutual consent. She has specifically mentioned that she has “No objection” for quashing of the present proceedings arising out of C.R. No.389 of 2017 at Vairag Police Station and the consequent proceedings Regular Criminal Case No.44 of 2023 pending before the learned Judicial Magistrate First Class – Barshi. 6. The Respondent No.2 is present before the Court. She is identified by her learned counsel. She stated before the Court that the contents in the Affidavit were correct. She has stated, she has no objection for quashing of the proceedings. Satish Sangar 3 of 4
80-WP-536-2018.odt She was happily married again and she wants to live her happy life in future. The dispute between the parties was purely personal in nature. They have settled the matter. In fact, the Respondent No.2 is remarried and is living happily. The society is not involved. Therefore, we are inclined to allow this Petition. Hence, following order is passed:- O R D E R (i) The C.R. No.389 of 2017 registered with Vairag Police Station, the charge-sheet bearing No.15 of 2019 and the proceedings viz., Regular Criminal Case No.44 of 2023 pending before the Court of Judicial Magistrate First Class – Barshi are quashed and set aside. 7. With these observations, the Petition is disposed of. (S.M.MODAK, J.)
(SARANG V. KOTWAL, J.) Satish Sangar 4 of 4