HANSABEN MAHENDRA MANIAR AND ANRversusSTATE OF MAHARASHTRA AND ANR

                                                 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 26 th 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.




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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, 10 th

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.




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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:




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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




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         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.]




       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.09.19
       12:49:11
       +0530




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