Sumit Thaktamal Parmar And ORS v. Neha Sumit Parmar And ANR

CAJ 5-Apl-230-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 230 OF 2019 Sumit Thaktamal Parmar And Ors.

... Applicants V/s.

Neha Sumit Parmar And Anr.

... Respondents Mr. Manish N. Jain i/b S. M. Jain And Associates for Applicants. Mr. Umesh A. Breed for Respondent No.1.

Mr. Ajay Patil, APP for Respondent No.2-State. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 23rd JUNE, 2023.

P.C. :

1.

Applicants, i.e. husband, father-in-law, mother-in-law and sister-in-law of Respondent No.1, have filed present Application for quashing of C.C. No. PW/5701493/2019 pending on the file of learned Metropolitan Magistrate, 57th Court, Kurla, Mumbai arising out of C.R. No. 136 of 2018 registered with Shivaji Nagar Police Station, Mumbai, under Section 498A, 406, 323, 504, 506 read with Section 34 of the Indian Penal Code, with the consent of Respondent No.1.

2.

Mr. Jain, learned Advocate for Applicants submitted that, Applicants and Respondent No.1 have settled the matter amicably and have executed Consent Terms dated 23rd June, 2023. He tendered across the bar the said Consent Terms. The said Consent Terms are duly signed by Petitioner No.1 and Respondent No.1. Their signatures have been identified 1/2

CAJ 5-Apl-230-2019.odt by their respective Advocates. In Para No.(xix) thereof, Respondent No.2 has given her consent and her no objection for quashing of C.C. No. PW/5701493/2019 pending on the file of learned Metropolitan Magistrate, 57th Court, Kurla, Mumbai.

Respondent No.1 is personally present in the Court and through her Advocate admits execution of Consent Terms dated 23rd June, 2023 and her "no objection" for quashing the crime in question. 3.

In view of the above, Application is allowed in terms of prayer clause (b1).

4.

It is needless to observe that, parties herein will adhere to the terms, and conditions and covenants mentioned in the Consent Terms dated 23rd June, 2023.

5.

Mr. Jain, learned Advocate for Applicants on instructions from Applicant No.1 who is personally present in the Court submitted that, Applicant will comply with all the terms and conditions and will perform his part of obligation as recorded in the Consent Terms. (SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2