Amit Garg S/O Rakesh Chander Garg And ORS v. The State Of Maharashtra And ANR

Osk 15-Wp-1573-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1573 OF 2023 Amit Garg S/o. Rakesh Chander Garg & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Prashant Thombre for Petitioners.

Mr. S.S. Hulke, A.P.P. for Respondent No.1-State. Ms. Pooja Agrawal for Respondent No.2.

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

DATE : 25th April 2023.

P.C. :

1.

Petitioners i.e. husband (Petitioner No.1), father-in-law (Petitioner No.2) and mother-in-laws (Petitioner No.3) of Respondent No.2 have filed present Petition for quashing of R.C.C. No. 784 of 2022 pending on the file of learned Joint Civil Judge Junior Division, 3rd-4th Court and Judicial Magistrate First Class at Panvel, arising out of C.R. No. 415 of 2021, dated 3rd December 2021, registered with Kharghar Police Station, New Mumbai, under sections 498A, 406, 323, 504, 506 read with 34 of Indian Penal Code, by consent of Respondent No.2.

2.

Respondent No.2 has filed affidavit dated 25th April 2023, duly affirmed before a Notary Public. Her signature has been identified by 1/2

Osk 15-Wp-1573-2023.odt Advocate Ms.Pooja Agrawal. In para No.8 thereof, Respondent No.2 has stated that, she does not wish to proceed with her complaint and she has ' no objection' in quashing R.C.C. No. 784 of 2022 pending before the Joint Civil Judge Junior Division, 3rd - 4th Court and Judicial Magistrate First Class at Panvel. Respondent No.2 is personally present in the Court and through her Advocate reiterated the contents of her affidavit dated 25th April 2023 and '

no objection' for quashing of R.C.C. No. 784 of 2022. 3.

In view of above, Petition is allowed in terms of prayer Clauses (b) and (c).

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.05.03 10:35:43 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2