Khushboo Mukesh Makwana And ORS v. The State Of Maharashtra And ANR

Osk 5-Apl-473-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 473 OF 2019 Khushboo Mukesh Makwana & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents Mr.Vikash Nana Tambavekar i/b. Ms. Akshita Prajapati for Applicants. Mrs.G.P. Mulekar, A.P.P. for Respondent No.1-State. Mr.S.A. Naqvi for Respondent No.2.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 9th August 2023.

P.C. :

1.

Daughter-in-law of Respondent No.2 ( Applicant No.1), mother & father of Applicant No.1 (Applicant Nos.2 & 3), brother of Applicant No.1 (Applicant No.4) have filed present application under Section 482 of Criminal Procedure Code for quashing of CR No. 0276 of 2018, dated 20th July 2018, registered with Bhayandar Police Station, Thane (Rural), under Section 452, 341, 506 read with 34 of Indian Penal Code, with the consent of Respondent No.2.

2.

Learned Advocate for Applicants submitted that, till date the police have not submitted chargesheet in the present case. The said statement is accepted.

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Osk 5-Apl-473-2019.odt 3.

Respondent No.2 is the mother-in-law of Applicant No.1. The marriage of Applicant No.1 with Mukesh Makwana was his second marriage with the Applicant No.1. Present crime is registered basically out of matrimonial discord between the Applicant No.1 and her husband Mukesh Makwana.

4.

Respondent No.2 has filed an affidavit dated 12th July 2023. It is stated therein that, she and the husband of Applicant No.1 i.e. Mukesh Makwana have executed Consent Terms before the Judicial Magistrate First Class at Thane and have resolved their inter se differences. Respondent No.2 has given her no objection for quashing of the present crime. 5.

After taking into consideration the relations inter se between the parties and the no objection given by the Respondent No.2 in her affidavit dated 12th July 2023, we allow the Application in terms of prayer Clause (a). [ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.08.11 15:25:52 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2