Pawan Laxmi Gopal Singh And ORS v. The State Of Maharashtra And ANR

CAJ 11-Wp-1973-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1973 OF 2023 Pawan Laxmi Gopal Singh And Ors.

... Petitioners V/s.

The State Of Maharashtra And Anr.

... Respondents Ms. Reha Francis a/w Ms. Sairuchita Chowdhary for Petitioners. Mr. Ajay Patil, APP for Respondent No.1-State. Ms. Vishakha Shelar for Respondent No.2.

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

DATE : 15th JUNE, 2023.

P.C. :

1.

Petitioners i.e. husband (No.1) and sister-in-law (No.2) of Respondent No.2, a friend (No.3) and uncle of Petitioner No.1 (No.4) have filed present Petition for quashing of R.C.C. No. 3507 of 2022 pending on the file of learned Chief Judicial Magistrate, Thane arising out of C.R. No. 142 of 2022 dated 1st April, 2023 registered with Miraroad Police Station, District Thane, under Sections 498A, 406, 323, 504, 506 read with Section 34 of the Indian Penal Code with the consent of Respondent No.2 i.e. wife of Petitioner No.1.

2.

Ms. Reha Francis, learned Advocate for Petitioners submitted that, she will file her Vakalatnama in the Registry on or before 16th June, 2023.

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CAJ 11-Wp-1973-2023.odt She submitted that, Petitioner No.1 had filed an Application for anticipatory bail bearing No.1226 of 2023 before this Court and the learned Judge of this Court had directed the parties to adopt the process of mediation. That, the mediation resulted into success and the Petitioner No.1 and Respondent No.2 agreed to resolve their dispute and live happily married life. That, in furtherance thereof present Petition is filed for quashing of R.C.C. No. 3507 of 2022 arising out of C.R. No. 142 of 2022 with consent of Respondent No.2.

3.

Learned Advocate for Respondent No.2 tendered across the bar an Affidavit dated 15th June, 2023 duly affirmed before the Assistant Registrar of this Court. In para No.15 thereof, Respondent No.2 has given her consent willingly for quashing of the crime in question. Respondent No.2 is personally present in the Court and through her Advocate reiterates contents of her Affidavit dated 15th June, 2023 and her "no objection" for quashing of R.C.C. No. 3507 of 2022 pending on the file of learned Chief Judicial Magistrate, Thane arising out of C.R. No. 142 of 2022 registered with Miraroad Police Station, District Thane.

4.

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

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