Vishal Baban Shirsat And ORS v. Priyanka Vishal Shirsat And ANR

P.H. Jayani 15 WP1750.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1750 OF 2024 Mr. Vishal Baban Shirsat and ors.

.... Petitioners v/s.

Mrs. Priyanka Vishal Shirsat and anr.

.... Respondents PREETI HEERO JAYANI by PREETI HEERO JAYANI Date: 2024.05.13 16:56:34 +0530 Mr. Yuvraj Narvankar a/w. Mr. Mayur Mohite for the Petitioners. Mr. Anand Shalgaonark, APP for the State.

Mr. Suraj Kaushik for Respondent No.1.

Ms. Priyanka Shirsat, Respondent No.1 personally present. Mr. Arjun B., PI, Chandannagar Police Station, present. CORAM: A.S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATED : 07th MAY, 2024.

P. C. :- 1) Leave to amend to mention correct prayer in the prayer clause, granted. Amendment to be carried out forthwith and in any event, during the course of the day.

2) Petitioners i.e. husband; father-in-law and mother-in-law respectively of Respondent No.1 have filed present Petition under Article 226 of the Constitution of India for quashing of R.C.C.No.3082/2023 pending on the file of Judicial Magistrate First Class, Court No.5, Pune, arising out of C.R.No.66 of 2023 registered with Chandannagar Police Station, Pune City for offences punishable under Sections 323, 417, 498-A, 504, 506 read with Section 34 of the Indian Penal Code, with the consent of Respondent No.1. 1/2

P.H. Jayani 15 WP1750.2024.doc 3) Learned Advocate for the Petitioners submitted that, the Petitioner No.1 and Respondent No.1 have executed Consent Terms dated 27th March, 2024 in P.A.No.699/2023 before the Family Court at Pune. That, in pursuance of clause No.(viii) therein, present Petition is filed for quashing of the said crime. He submitted that, as parties herein have settled the case amicably, the said case may be quashed with the consent of Respondent No.1. 4) Learned Advocate for Respondent No.1 submitted that, the Respondent No.1 has filed an Affidavit dated 19th April, 2024 duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.1 has admitted the fact of amicable settlement between the parties and in paragraph no.5 thereof, she has stated that, by invoking powers under Section 482 of the Criminal Procedure Code, the said R.C.C.No.3082/2023 be quashed.

4.1) Respondent No.2 is personally present in the Court and through her learned Advocate reiterates the contents of her Affidavit dated 19th April, 2024 and her '

no objection' for quashing of the crime in question. 5) In view thereof, Petition is allowed in terms of prayer clause (a). (SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2