Ramashrya Harishchandra Yadav And ORS v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1804 of 2024 Ramashrya Harishchandra Yadav and ors.
.... Petitioners v/s.
The State of Maharashtra and anr.
.... Respondents PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2024.05.13 17:16:00 +0530 WITH CRIMINAL WRIT PETITION NO. 1853 OF 2024 Rajendraprasad Yadav and ors.
.... Petitioners v/s.
The State of Maharashtra and anr.
.... Respondents Mr. Akash Singh i/b. Mr. Amit Dubey for the Petitioners in WP/1804/2024 and for Respondent No.2 in WP/1853/2024.
Mr. Gopal C.M. Jetly for the Petitioners in WP/1853/2024 and for the Respondent No.2 in WP/1804/2024.
Mrs. Dhanalakshmi S. Krishnaiyer, APP for the State. CORAM: A.S. GADKARI AND SHYAM C. CHANDAK, JJ.
DATED : 08th MAY, 2024.
P. C. : [PER : SHYAM C. CHANDAK, J.] :- 1) WP/1853/2024 not on board. Mentioned. Taken on production board.
2) Petitioners in WP/1804/2024 i.e., the husband (Petitioner No.1); father-in-law (Petitioner No.2); mother-in-law (Petitioner No.3); brother-in-law (Petitioner No.4) and sisters-in-law (Petitioner Nos.5 and 6) of Respondent No.2 have filed the said Petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. for quashing of 1/3
C.C.No.2285/PW/2022 pending on the file of 22nd Metropolitan Magistrate, Andheri, Mumbai arising out of FIR No.76 of 2020 registered with MIDC Police Station, Mumbai for offences punishable under sections 323, 324, 498-A, 504 and 506 of the Indian Penal Code with the consent of Respondent No.2, the informant i.e., the wife of Petitioner No.1. 3) Petitioners in WP/1853/2024 i.e., father-in-law (Petitioner No.1); mother-in-law (Petitioner No.2); brothers-in-law (Petitioner Nos.3 and 4) of Respondent No.2 have filed the said Petition for quashing of C.C.No.2734/PW/2022 pending on the file of 22nd Metropolitan Magistrate, Andheri, Mumbai arising out of FIR No.74 of 2020 registered with MIDC Police Station, Mumbai for offences punishable under sections 323, 324, 404, 452, 506 read with Section 34 of the Indian Penal Code with the consent of Respondent No.2, the informant i.e., the son-in-law of Petitioner No.1.
4) Learned Advocates for the Petitioners in both the Petitions submitted that, the parties have settled their disputes and differences amicably and have filed consent terms in an unnumbered Marriage Petition before Civil Judge, Senior Division at Kalyan. That, in paragraph no.6 of the consent terms, they have sought withdrawal of the crime as noted above.
5) Learned Advocate for the Petitioners in WP/1804/2024 and learned Advocate for the Petitioners in WP/1853/2024 have tendered 2/3
across the bar Affidavits dated 12th April, 2024 and 25th April, 2024 respectively duly affirmed before a Notary Public. In the said Affidavits, the husband-Mr. Ramashrya Yadav and wife-Mrs. Mamta Ramashrya Yadav have admitted the fact of amicable settlement and filing of consent terms before Kalyan Court. They have given their 'no objection' for quashing of the crime in question.
6) Petitioner No.1-husband and Respondent No.2-wife are personally present in the Court and through their Advocates reiterates the contents of their Affidavits dated 12th April, 2024 and 25th April, 2024 and their 'no objection' for quashing of the crime in question. 7) In view of the above, Petitions are allowed in terms of prayer clause (a).
(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) 3/3