Archit Mukesh Shah And ORS v. The State Of Maharashtra And ANR

Osk 47-Apl-567-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 567 OF 2023 Archit Mukesh Shah & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Dharmendra Damani for Applicants.

Mr. Ajay Patil, A.P.P. for Respondent No.1-State. Ms. Kinjal S. Jani for Respondent No.2.

PSI Mr.Sudhir Korgaonkar, Kasturba Marg Police Station is present. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 24th July 2023.

P.C. :

1.

Husband and in-laws of Respondent No.2 have filed present application under Section 482 of Criminal Procedure Code for quashing of CC No. 2762/PW/2023 pending on the file of Metropolitan Magistrate, 68th Court, Borivali, Mumbai, arising out of CR No. 1380 of 2022 registered with Kasturba Marg Police Station, Mumbai, under Section 498A, 406, 323, 504 read with 34 of Indian Penal Code, with consent of Respondent No.2. 2.

Learned Advocate for Applicants submitted that, the Applicants and Respondent No.2 have executed Consent Terms dated 4th June 2023 in the present proceedings. That, the Petitioner No.1 & Respondent No.2 have resolved their disputes and differences and the Respondent No.2 has given 1/2

Osk 47-Apl-567-2023.odt her consent for quashing of the crime in question. 3.

Learned Advocate for Respondent No.2 submitted that, the Applicants and Respondent No.2 have filed joint Affidavit dated 4th July 2023 duly affirmed before a Notary Public. In para No.2 thereof, the Respondent No.2 has given her 'no objection' for quashing the present crime. 4.

Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of Consent Terms dated 4th June 2023, Affidavit dated 4th July 2023 and her 'no objection for quashing the crime in question.

5.

In view of above, Application is allowed in terms of prayer Clause (b).

[ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.08.01 10:29:06 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2