Chetan Arun Deore And ORS v. The State Of Maharashtra And ANR

CAJ 11-Apl-636-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 636 OF 2023 Chetan Arun Deore And Ors.

... Applicants V/s.

The State Of Maharashtra And Anr.

... Respondents Mr. Niranjan M. Kanade for Applicants.

Mr. Ajay Patil, APP for Respondent No.1-State. Mr. Rahul Shelke a/w Ms. Neha Sharma for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 7th AUGUST, 2023.

P.C. :

1.

Husband and in-laws of Respondent No.2 have filed present Application under Section 482 of Cr.P.C. for quashing of R.C.C. No. 1549 of 2021 pending on the file of Judicial Magistrate First Class, Bhiwandi, District Thane, arising out of C.R. No. 399 of 2021 dated 17th June, 2021 registered with Narpoli Police Station, Taluka Bhiwandi, District Thane, under Section 498A read with Section 34 of the Indian Penal Code, with the consent of Respondent No.2.

2.

Respondent No.2 has filed Affidavit dated 7th August, 2023, duly affirmed before the Assistant Registrar of this Court. It is stated therein that, she has settled all the issues with Applicant No.1 i.e. her husband and with bonafide intention in continuing with matrimonial relationship, she 1/2

CAJ 11-Apl-636-2023.odt has decided to withdraw all the allegations against Applicants in the interest of their daughter. In para No.10 thereof it is stated that, she is cohabiting with Applicant No.1 since April 2022 and has also been maintaining cordial relations with him and other Applicants. That, she has no objection for quashing of R.C.C. No. 1549 of 2021 pending on the file of Judicial Magistrate First Class, Bhiwandi, District Thane. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 7th August, 2023 and her "no objection" for quashing of present case. 3.

In view thereof, Application is allowed in terms of prayer clause "a".

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by CHAITANYA ASHOK JADHAV Date:

2023.08.11 16:47:15 +0530 CHAITANYA ASHOK JADHAV 2/2