Ganesh Motilal Gupta And ORS v. State Of Maharashtra And ANR

Osk 36-Apl-414-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 414 OF 2024

1. Mr. Ganesh Motilal Gupta ]

2. Mrs. Gaydevi Motilal Gupta ]

3. Mr. Ramesh Motilal Gupta ]

4. Mrs. Ranidevi Raju Gupta ]

5. Mr. Motilal Mangaru Gupta ] ... Applicants V/s.

1. The State of Maharashtra ]

2. Ghatkopar Police Station, Mumbai ]

3. Mrs. Reema Ganesh Gupta ] @ Reema Chandrakesh Gupta ] ... Respondents Mr. Rohit Yadav for Applicants.

Mr. V.A. Kulkarni, A.P.P. for Respondent Nos.1 & 2-State. Mr. Shailesh Pal for Respondent No.3.

CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 8th May 2024.

P.C. :

1) Applicants i.e. husband (Applicant No.1); mother-in-law (Applicant No.2); brother-in-law (Applicant No.3); sister-in-law (Applicant No.4) and father-in-law (Applicant No.5) of Respondent No.3, have filed present Application under Section 482 of Criminal Procedure Code for quashing of C.C. No. 457/PW/2021 pending on the file of 49th Metropolitan Magistrate, Vikhroli, 1/2

Osk 36-Apl-414-2024.doc Mumbai, arising out of CR No. 315 of 2019 dated 26th May 2019 registered with Vikhroli Police Station, Mumbai, under Sections 498(A), 406, 504, 506 read with 34 of Indian Penal Code (I.P.C.), with the consent of Respondent No.3, the informant.

2) Respondent No.3 i.e. wife of Applicant No.1 has filed an Affidavit dated 7th February 2024 duly affirmed before a Notary Public. In para No.3 thereof, she has stated that, she has agreed to reside together with her husband and has settled the disputes amicably. That, she has also collected her stridhan from the Applicant No.1 and she does not have any complaint for the same. She has stated that, as she has now settled her disputes amicably with her husband and other Applicants, she has no grievance against anyone of the Applicants in the said case.

2.1) Respondent No.3 is personally present in the Court and through her Advocates reiterates the contents of her Affidavit dated 7th February 2024 and her 'no objection' for quashing of the said case/crime. 3) In view thereof, Application is allowed in terms of prayer Clause (a). ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.05.09 14:16:17 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2