Bhushan Sampat Kadu And ORS v. The State Of Maharashtra And ANR

SSK 20-wp-1981-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1981 OF 2023 Bhushan Sampat Kadu & Ors.

..Petitioners V/s.

State of Maharashtra & Anr.

..Respondents Mr. Ramji T. Kotali for Petitioners Mr. S.S. Hulke, APP for Respondent No.1 - State Mr. Tukaram Shendge for Respondent No.2 CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 16th JUNE 2023.

P.C. :

1.

By the present Petition, under Article 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code, 1973, Petitioners i.e. Husband (Petitioner No.1); Father-in-Law (Petitioner No.2) and Mother-in-Law (Petitioner No.3) of Respondent No.2 have prayed for quashing of C.R.No. 602 of 2022 registered with Hinjewadi Police Station, District-Pune dated 28.06.2022 under Sections 498-A, 323, 506 and 504 of I.P.C., with the consent of Respondent No.2.

2.

Record indicates that, by an Order dated 31.01.2023 this Court has directed the investigating agency to continue with the 1/2

SSK 20-wp-1981-2023 investigation, however, not to file charge-sheet without the leave of this Court.

3.

Learned Advocate for the Petitioners submitted that, Petitioners and Respondent No.2 have settled the matter amicably and since 31.01.2023, Petitioner No.1 and Respondent No.2 are cohabiting peacefully.

4.

Learned Advocate for Respondent No.2 submitted that, Respondent No.2 has filed an Affidavit dated 21.01.2023 admitting the fact that, she has no further grievance against the Petitioners and is not willing to support the imputations made in the FIR against the Petitioners as the dispute between her and Petitioner No.1 has been amicably resolved. In paragraph No. 11 thereof, she has given her no objection for quashing of FIR bearing C.R.No. 602 of 2022 dated 28.06.2022 registered with Hinjewadi Police Station, District-Pune.

5.

Learned Advocate for Respondent No.2, on instructions, reiterates the contents of affidavit of Respondent No.2 dated 21.01.2023 and her 'no objection' in quashing the crime in question. 6.

In view of the above, Petition is allowed in terms of prayer clause (a).

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2