Ashish Hirji Dedhia And ORS. v. State Of Maharashtra And ANR.

NSK 6-apl-553-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.553 OF 2023 Ashish Birji Dedia & Ors.

...Applicants V/s.

The State of Maharashtra & Anr.

...Respondents

Ms.Tahzeen M. Khan, for the Applicants.

Mrs.Pooja Kurdia i/b Ms.Krupali H. Rajani, for Respondent No.2. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 12th JUNE 2023.

P.C. :

1.

By the present Application under Section 482 of the Cr.P.C., Applicants, i.e. Husband (Applicant No.1), Mother-in-Law ( Applicant No.2) and Sister-in-Law (Applicant No.3) have prayed for quashing of C.R. No.996 of 2021 registered with Borivali Police Station, Mumbai under Section 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code, by Prayer Clause (b) with the consent of Respondent No.2 i.e. wife of Applicant No.1. 2.

Learned Advocate for the Applicants submitted that, Applicant No.1 and Respondent No.2 have executed Consent Terms dated 19th May 2023 before the Family Court at Bandra in Petition 1/2

NSK 6-apl-553-2023 No.A-1839/2020. In paragraph No.4 thereof, Respondent No.2 has agreed and undertaken to cooperate for withdrawal and also in quashing of present FIR filed by her.

3.

Respondent No.2 has filed an affidavit dated 7th June 2023. In paragraph No.4 thereof, she has given her 'No Objection' for quashing of present Crime. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 7th June 2023 and her 'No Objection' for quashing of the present Crime.

4.

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

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