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Bombay High CourtWP/2329/2023allowed

Sanjot Rajesh Verma v. Rajesh Kailash Verma And ORS

2023-12-19Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice N. R. Borkar2 pages

24-WP-2329-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2329 OF 2023 Sanjot Rajesh Verma ...

Petitioner

Versus

Rajesh Kailash Verma and others ...

Respondents .........

Mr. Sandeep Satkar for the Petitioner.

Ms. M.M. Deshmukh, APP for the State.

.........

CORAM : PRAKASH D. NAIK & N.R. BORKAR, JJ.

DATED : 19th DECEMBER 2023 P.C. :- .

The original complainant who lodged the First Information Report dated 5th February 2023 (FIR) registered with Kashimira Police Station for offences under Sections 498A, 323, 504, 506 r/w. 34 of Indian Penal Code has preferred this Petition for quashing the said FIR. 2.

The Petitioner contends that she has no objection for quashing the said FIR. She is residing with the Respondent Nos.1 and 2. The Affidavit sworn by the Petitioner has been annexed to this Petition, wherein she has stated that FIR was lodged as she was misled by some persons and she has no objection for quashing the said FIR. 3.

Respondent No.1/husband is present in Court. He has reiterated the contentions of the Petitioner. He submitted that he is residing with the Petitioner and there is no dispute of whatsoever nature between them. Petitioner and Respondent Nos.1 and 2 would reside together.

Kanchan P Dhuri 1 / 2

24-WP-2329-2023.odt 4.

Considering the fact that the FIR was registered on account of some matrimonial differences and since the complainant has no objection for quashing the same, the relief sought in the Petition can be allowed.

ORDER

(i) Writ Petition No.2329 of 2023 is allowed.

(ii) First Information Report dated 5th February 2023 registered with Kashimira Police Station is quashed and set aside. (iii) Writ Petition is disposed off.

( N.R. BORKAR, J. ) ( PRAKASH D. NAIK, J. ) Kanchan P Dhuri 2 / 2