Mayur Kantilal Soni v. State Of Maharashtra And ANR

Osk 10-Wp-1903-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1903 OF 2024 Mayur Kantilal Soni ] ... Petitioner V/s.

1. The State of Maharashtra & ]

2. Anisha Mayur Soni ] ... Respondents Mrs. Manjula Rao a/w. Mr. Rohan Deshmukh, Ms. Latika Chitre for Petitioner. Mr. Ajay Patil, A.P.P. for Respondent No.1-State. Mrs. Chhaya Asher for Respondent No.2.

CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 10th May 2024.

P.C. :

1) Petitioner - husband of Respondent No.2 has filed present Petition under Article 226 of the Constitution of India read with Section 482 of Criminal Procedure Code for quashing of CR No. 161 of 2022 dated 26th February 2022 registered with Kandivali (W.) Police Station, Mumbai, for the offence punishable under Sections 498A, 406, 323, 504, 506 of the Indian Penal Code, with the consent of Respondent No.2. 2) Mrs. Rao, learned counsel appearing for Petitioner submitted that, the Petitioner and Respondent No.2 have settled their disputes and differences and have executed Consent Terms dated 8th April 2024 in Petition bearing No. 1/2

Osk 10-Wp-1903-2024.doc A-1562 of 2016 before the Family Court at Bandra, Mumbai. That, in view of the agreement as stated in para No. B of the said Consent Terms, present Petition is filed for quashing of the said crime, with the consent of Respondent No.2. She on instructions, submitted that, till date the Police have not filed chargesheet in the present case.

3) Mrs. Asher, learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 10th May 2024 duly affirmed before the Assistant Registrar of this Court. Respondent No.2 in para No.4 thereof has given her no objection for quashing of the crime in question. 4.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 10th May 2024 and her 'no objection' for quashing of the crime in question. 5) In view thereof, Petition is allowed in terms of prayer clause 8(a). ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.05.10 18:54:32 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2