Dinesh Shyam Jarkani v. Hiya Dinesh Jarkani @ Jharna Kamlesh Tolani
Osk 42-Wp-1040-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1040 OF 2023 Dinesh Shyam Jarkani & Ors.
... Petitioners V/s.
Hiya Dinesh Jarkani @ Jharna Kamlesh Tolani & Anr.
... Respondents Mr. Laxman Kanal a/w. Ms.Divya Kanal for Petitioners. Ms. Naina Chugh i/b. Ms. Manisha Keswani for Respondent No.1. Mrs.G.P. Mulekar, A.P.P. for Respondent No.2-State. Mr. Yogesh Mali, Ulhasnagar Police Station is present. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.
DATE : 25th April 2023.
P.C. :
1.
Petitioners i.e. husband (Petitioner No.1), mother-in-law (Petitioner No.2) and brother-in-law (Petitioner No.3) of Respondent No.1 have filed present Petition for quashing of CR No.0026 of 2023, dated 15th January 2023, registered with Ulhasnagar Police Station, District Thane, under Sections 498A, 406, 323, 504, 506, read with 34 of Indian Penal Code by consent of Respondent No.1, wife of Petitioner No.1.
2.
Respondent No.1 has filed an affidavit dated 13th March 2023, duly affirmed before a Notary Public. Her signature has been identified by her Advocate on record, namely, Ms.Manisha Keswani. In para No.4 thereof, the 1/2
Osk 42-Wp-1040-2023.odt Respondent No.1 has stated that, the allegations levelled against the Petitioners were due to misunderstanding and now she has amicably settled the issue. That she does not now wish to proceed with the said crime against the Petitioners. In para No.5 she has stated that, the said CR No. 0026 of 2023 registered with Ulhasnagar Police Station, District Thane may be quashed. 3.
Respondent No.1 is personally present in the Court and through her counsel reiterated the contents of her affidavit dated 13th March 2023 and her '
no objection' for quashing of present crime.
4.
In view thereof, Petition is allowed in terms of prayer Clause 8(b). [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:
2023.05.03 10:27:32 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2