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Bombay High CourtAPL/303/2017allowed

Sudhir Gopal Jadhav And ORS v. The State Of Maharashtra Abd Abr

2023-07-21Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shivkumar Dige2 pages

SSK 4-apl-303-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 303 OF 2017 Sudhir Gopal Jadhav and Ors.

..Applicants V/s.

State of Maharashtra & Anr.

..Respondents Mr. Prasanna A. Bhangale for Applicants.

Mrs. G. P. Mulekar, APP for Respondent No.1-State. Dr. Samarth S. Karmarkar a/w. Ms. Reshma Apte for Respondent No.2.

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

DATE : 21 JULY 2023.

P.C. :

1.

Mr. Bhangale, learned Advocate for the Applicants submitted that, Applicant No.3 and Respondent No.2 have settled the matter amicably and they have executed Consent Terms dated 21.07.2023. He tendered across the bar Consent Terms dated 21.07.2023. The said Consent Terms are duly signed by Applicant No.3 and Respondent No.2. Their signatures have been identified by their respective Advocates. In paragraph No.2 thereof, Respondent No.2 has agreed to withdraw all the allegations against each other, including giving her consent to quash the present crime. He drew our attention to the Order dated 20.03.2017 passed by this Court. By the said Order the investigating agency was directed not 1/2

SSK 4-apl-303-17.doc to file charge-sheet, as the parties were trying to explore possibility of amicable settlement.

2.

Mr. Karmarkar, learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 21.07.2023, duly affirmed before a Notary Public. Respondent No.2 has admitted of executing Consent Terms dated 21.07.2023. In paragraph No.4 thereof, she has given her no objection and consent for quashing of the said crime.

Respondent No.2 is personally present in Court and through her Advocate reiterates the contents of her Affidavit dated 21.07.2023 and her 'no objection' for quashing the crime in question.

3.

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

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by SONALI SATISH KILAJE Date:

2023.07.27 14:29:46 +0530 SONALI SATISH KILAJE 2/2