Raghav Rathi And ORS v. The State Of Maharashtra And ANR

NSK 48-wp-2008-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2008 OF 2023 Raghav Rathi & Ors.

...Petitioners

V/s.

State of Maharashtra & Anr.

...Respondents

Ms.Namrata Maru, for the Petitioners.

Mrs.M.M. Deshmukh, APP for the Respondent-State. Mr.Mikdad A. Zummerwala i/b Ms.Sneha Jethwa, for Respondent No.2.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.07.12 14:17:37 +0530 CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 07th JULY 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.R. No.128 of 2019 registered with Kamothe Police Station, Navi Mumbai with the consent of Respondent No.2.

2.

Learned Advocate for the Petitioners submitted that, Petitioner No.1 and Respondent No.2 have filed Consent Terms for mutual consent divorce before the Family Court at Bandra, Mumbai in Petition No. A-101528 of 2019 and the Family Court has passed 1/2

NSK 48-wp-2008-2023 decree thereof on 1st July 2023.

3.

Learned Advocate for Respondent No.2 submitted that, Respondent No.2 has filed an affidavit dated 29th April 2023 duly affirmed before the Notary public and in paragraph No.5 thereof, she has given her consent for quashing present Crime. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 29th April 2023 and her 'no objection' for quashing of the Crime in question.

4.

In view of the above, Application is allowed in terms of prayer Clause (a).

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