Amandeep Singh Triloksingh Randhawa And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1997 OF 2023 Amandeep Singh Triloksingh Randhawa and Ors.

..Petitioners V/s.

State of Maharashtra and Anr.

..Respondents Mr. Prashant Kamble a/w. Mr. Ashwin Borhade for Petitioners. Mrs. M. M. Deshmukh, APP for Respondent No.1-State. Ms. Pratibha Gavhane for Respondent No.2.

PSI - D.M.Deshmukh, Kalyan Taluka Police Station present. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 05th JULY 2023.

P.C. :

1.

Leave to amend to incorporate challenge to R.C.C. No. 53 of 2020 pending on the file of Judicial Magistrate First Class, Kalyan granted. Amendment be carried out forthwith and in any event, during the course of the day.

2.

Petitioners i.e. Husband (Petitioner No.1); Mother-inlaw (Petitioner No.2); Sister-in-law (Petitioner No.3) and Brother-inlaw (Petitioner No.4) of Respondent No.2 have filed present Petition for quashing of R.C.C.No. 53 of 2020 pending on the file of J.M.F.C., 1/3

Kalyan, District Thane, arising out of C.R.No.160 of 2019 dated 22.03.2019 under Section 498-A, 504, 506 of Indian Penal Code,1860 registered with Kalyan Taluka Police Station, District Thane (Rural) with the consent of Respondent No.2. 3.

Learned Advocate for Petitioners submitted that, Petitioner No.1 and Respondent No.2 have filed Marriage Petition No. 1987 of 2022 before the C.J.J.D., Kalyan under Section 13(B) of Hindu Marriage Act, 1955 by mutual consent. In paragraph No.8 thereof, it is agreed between the parties that, Petitioner No.1 and Respondent No.2 will give their consent to withdraw all the criminal cases filed against each other. That, the present Petition is filed in pursuance of the said agreement between the Petitioner No.1 and Respondent No.2.

4.

Learned Advocate for Respondent No.2 tendered across the bar her Consent Affidavit dated 05.07.2023, duly affirmed before a Notary Public. Paragraph No. 6 thereof, she has given her free and voluntary consent for quashing of C.R. No. 160 of 2019 dated 22.03.2019.

Respondent No.2 is personally present in Court and through her Advocate reiterates the contents of Affidavit dated 05.07.2023 and her 'no objection' for quashing of R.C.C.No. 53 of 2020 pending on the file of J.M.F.C., Kalyan, District Thane. 2/3

5.

In view of the above, Petition is allowed in terms of prayer Clause (a) and amended prayer Clause (a-1). (SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by SONALI SATISH KILAJE Date:

2023.07.18 10:28:20 +0530 SONALI SATISH KILAJE 3/3