Husband, his parents and cousin sought quashing of an FIR under Sections 406, 498A, 504, 506 r/w 34 IPC arising from a matrimonial dispute. After an amicable settlement recorded in Consent Terms before the Family Court, the complainant filed an affidavit withdrawing allegations. The Court quashed the FIR against all petitioners, subject to costs.
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(903)WP-55570-2024.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5570 OF 2024
Nitish Toprani ] .. Petitioner vs. State of Maharashtra ] .. Respondent
ALONGWITH
CRIMINAL WRIT PETITION NO.5574 OF 2024
Jaini Toprani & Ors. ] .. Petitioners vs. State of Maharashtra & Anr. ] .. Respondents
Mr.Robin Fernandes a/w Anoushka Thangkhiew and Ankita Pachouri i/b Vesta Legal for the petitioner in WP No.5570/2024.
Mr.Vijay Hiremath for the Petitioners in WP No.5574/2024.
Mr.Nikhil Ghate for Respondent No.2.
Mr.J.P. Yagnik, APP for the State.
CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATE : 10th DECEMBER, 2024.
P.C.
Digitally signed RAJSHREEKISHOR by RAJSHREEKISHOR MOREDate: MORE 2024.12.10 17:44:47 +0530
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(903)WP-55570-2024.doc
498A, 504, 506 read with 34 of the Indian Penal Code against the Petitioner-Husband i.e. Nitish Toprani ( Petitioner in WP No.5570/2024), as well as his parents Jaini Toprani and Tushar Toprani and cousin Vineet Mathradas (Petitioners in WP No.5574/2024).
The Consent Terms specifically record that the Petition filed by Krishna Mehta shall be converted into a Petition for mutual consent and the arrangement worked out between the Parties is specifically set out in the Consent Terms. Pursuant thereto, Respondent No.2 has filed Affidavit in this Court, being affirmed on 10/12/2024, which make a reference to the Consent Terms dated 28/11/2024 filed before the Family Court at Bandra.
In addition, the deponent of the the Affidavits make following statement :-
“3. I say that I have withdrawn all allegations made against the Petitioner, his parents and/or his cousin and do not wish to pursue/ prosecute the said F.I.R.
- I say that I am fully conversant and aware about the fact that I am submitting my no objection for quashing the complaint vide CR Number 745/2023, 406, 498-A, 504, 506 read with 34 of the Indian Penal Code, 1860 registered with MIDC Police Station, Mumbai.
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(903)WP-55570-2024.doc
Respondent No.2 Krishna Mehta, is present in the Court and her identity is established through her counsel.
The Petitioner Nitish as well as his parents who are Petitioners in WP No.5574/2024 except Petitioner No.3, are present before the Court. Their identity is also established through their Advocate.
Since in the matrimonial dispute between the Petitioners in the two Writ Petitions and Respondent No.2, has been resolved amicably, we have no hesitancy in quashing the FIR as the allegations levelled are personal in nature restricted only to the Petitioners and since the complainant has agreed that she do not want to press the allegations in the wake of the understanding arrived between the Parties and the Consent Terms thereof being placed before the Family Court, resulting into the process being initiated for dissolution of their marriage. The understanding reached between the Parties is specifically recorded in the Consent Terms, and in light of the same, we deem it appropriate to
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(903)WP-55570-2024.doc
quash and set aside the subject FIR against all the Petitioners in WP No.5570 and 5574/2024.
However, this shall be subject to payment of costs of Rs.10,000/each, to be deposited by the Petitioners, within a period of two weeks from today, in favour of Association of Parents of Mentally Retarded Children, bearing Account No. 00000010884930648, State Bank of India, J.K. Gram, Thane, IFSC Code : SBIN0009056.
Writ Petitions are made absolute in terms of its prayer clauses.
(MANJUSHA DESHPANDE, J)
(BHARATI DANGRE, J.)
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1 issue framed by the court
Whether the FIR (CR No.745/2023) registered under Sections 406, 498A, 504, 506 r/w 34 IPC could be quashed in view of amicable matrimonial settlement and the complainant's no-objection.
5 provisions across 1 enactments
Nitish Toprani
Jaini Toprani & Ors.
State of Maharashtra
Krishna Mehta
Bharati Dangre
Manjusha Deshpande
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
