Ranjit Jagannath Ghadge And ORS v. The State Of Maharashtra And ANR

Osk 29-Wp-554-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 554 OF 2022 Ranjit Jagannath Ghadge & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Ms. Anu C. Kaladharan for Petitioners.

Mrs.G.P. Mulekar, A.P.P. for Respondent No.1-State. Mr. Lokesh Zade for Respondent No.2.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 1st August 2023.

P.C. :

1.

Husband; mother-in-law; sister-in-law and brother-in-law of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India for quashing of F.I.R. No. 392 of 2021 dated 19th June 2021, registered with Nehru Nagar Police Station, Mumbai, under Sections 498A, 337, 504, 506 read with 34 of Indian Penal Code, with the consent of Respondent No.2.

2.

Learned Advocate for Petitioners submitted that, the Petitioner No.1 and Respondent No.2 have settled the matter amicably and have started cohabiting together with their daughter Ms.Urmi, aged about 7 years. That, the Petitioner No.1 has also affirmed an additional affidavit dated 1st August 1/2

Osk 29-Wp-554-2022.odt 2023 before the Assistant Registrar of this Court. The same is placed on record.

She submitted that, by an Order dated 28th February 2022, this Court has directed Respondent No.1 not to file chargesheet till the next date and the said Order was subsequently extended from time to time. That, due to the said Order, till date police have not submitted chargesheet. She therefore prayed for quashing of the present case. 3.

Learned Advocate for Respondent No.2 submitted that, Respondent No.2 has filed an affidavit dated 25th July 2023 duly affirmed before the Assistant Registrar of this Court. In para No.2 thereof, it is stated that, she is residing with her husband and as such she does not want to proceed with the case. In para No.4 thereof, she has given 'no objection' for quashing the present crime.

Respondent No.2 is personally present in the Court and has given her 'no objection' for quashing of the crime in question. 4.

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

[ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.08.03 16:10:54 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2