Karan Rajinder Sethi And ORS v. State Of Maharashtra And ANR

CAJ 90-Wp-1968-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1968 OF 2023 Karan Rajinder Sethi And Ors.

... Petitioners V/s.

State Of Maharashtra And Anr.

... Respondents Mr. Sagar Ambedkar for Petitioners.

Mrs. G. P. Mulekar, APP for Respondent No.1-State. Ms. Gayatri Gokhale for Respondent No.2.

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

DATE : 30th JUNE, 2023.

P.C. :

1.

Petitioners i.e. husband and in-laws of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India and under Section 482 of the Cr.P.C., for quashing of C.C. No. 607/PW/2020 pending on the file of learned Additional Chief Metropolitan Magistrate, 44th Court, Andheri, Mumbai, arising out of C.R. No. 121 of 2019 registered with Versova Police Station, Mumbai, under Sections 498A, 406 read with Section 34 of the Indian Penal Code, with the consent of Respondent No.2. 2.

Learned Advocate for Petitioner submitted that, Petitioner No.1 Respondent No.2 have executed Consent Terms dated 19th January, 2023 before the Family Court at Bandra, Mumbai in Petition No. A-953/2020 and have settled the matter amicably. In para No.9 of the Consent Terms, 1/2

CAJ 90-Wp-1968-2023.odt Respondent No.2 has agreed to give her consent for quashing of crime in question.

3.

Respondent No.2 has filed an Affidavit dated 14th June, 2023 duly affirmed before a Notary Public at Ontario, Canada. In para No.4 thereof, she has given her consent to quash the FIR lodged by her as she has no grievance against Petitioners. In para No.6 thereof, she has stated that, she is filing the said Affidavit out of her free will without any force, pressure, coercion, undue influence or inducement from the Petitioners and or their family members.

Learned Advocate for Respondent No.2 on instructions submitted that, Respondent No.2 reiterates the contents of her Affidavit dated 14th June, 2023 and her "no objection" for quashing of crime in question.

4.

In view thereof, Petition is allowed in terms of prayer clause "b".

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2