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Bombay High CourtWP/1574/2023allowed

Kavalpreet Singh Darshan Singh Kohli And ORS. v. State Of Maharashtra And ANR

2023-04-27Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

ssm 1 14-wp1574.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1574 OF 2023 Kavalpreet Singh Darshan Singh Kohli & Ors ......Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Inderpal Singh Nirmale for the Petitioners. Mr. S.S. Hulke APP, for the Respondent-State. Adv. Vishal D. More for Respondent No.2.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 27th APRIL, 2023.

P.C.:- 1) Petitioners i.e. husband (Petitioner No.1) mother-in-law (Petitioner No.2) and sister-in-law (Petitioner No.3) have filed present Petition for quashing of C.R. No.05 of 2022 dated 7th January, 2022 registered with Antop Hill Police Station, Mumbai under Sections 498A, 323, 324, 337, 504 and 506 read with Section 34 of the Indian Penal Code, by consent of Respondent No.2, wife of Petitioner No.1. 2) Learned Advocate for the Petitioners submitted that, Petitioner No.1 and Respondent No.2 have executed Consent Terms dated 27th April, 2023, duly affirmed before a Notary Public. Paragraph No.3 thereof provides for quashing of the present crime by consent of Respondent No.2. Respondent No.2 has also affirmed an Affidavit dated 27th April, 2023 1/2

ssm 2 14-wp1574.23.doc before the Notary Public and in paragraph No.3 thereof, she has reiterated and confirmed the contents of the Consent Terms. In paragraph No. 2 thereof, she has consented for withdrawal of present crime. 3) Respondent No.2 is personally present in the Court and through her Advocate reiterated the contents of the Consent Terms and the said Affidavit dated 27th April, 2023. She has also given her consent for quashing of present crime i.e. C.R. No.05 of 2022 dated 7th January, 2022 registered with Antop Hill Police Station, Mumbai. 4) In view of the above, Petition is allowed in terms of prayer clause (a).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2023.05.08 16:07:23 +0530 SANJIV SHARNAPPA MASHALKAR 2/2