Kunal Mohan Deodhar And ORS. v. State Of Maharashtra And ANR.

CAJ 60-Apl-869-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 869 OF 2022 Kunal Mohan Deodhar And Ors.

... Applicants V/s.

State Of Maharashtra And Anr.

... Respondents Mr. Hemant Kenjalkar, Mr. Shubham B. Choudhary for Applicants. Mr. S. S. Hulke, APP for Respondent No.1-State. Mr. Rushikesh Kale i/b V. V. Purwant for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 15th JUNE, 2023.

P.C. :

1.

Applicants i.e. husband and in-laws of Respondent No.2 have filed present Application for quashing of R.C.C. No. 2899 of 2021 pending on the file of learned 2nd Civil Judge Junior Division and Judicial Magistrate First Class, Thane, arising out of C.R. No.193 of 2020 registered with Chitalsar Police Station, District Thane, under Sections 498A, 406, 504, 506 read with Section 34 of the Indian Penal Code, with the consent of Respondent No.2.

2.

Learned Advocate for Applicants submitted that, Applicant No.1 and Respondent No.2 have executed Consent Terms dated 6th May, 2022 before the Family Court, Thane in Petition No. A-193/2020. In para No.4 thereof, Respondent No.2 has agreed to give her consent for quashing of criminal proceedings initiated by her against the Applicants before this 1/2

CAJ 60-Apl-869-2022.odt Court and to file consent Affidavit in the proceedings. He submitted that, in furtherance thereof, present Application is filed for quashing of the said case.

3.

Learned Advocate for Respondent No.2 submitted that, Respondent No.2 has filed an Affidavit dated 3rd August, 2022 duly affirmed before a Notary Public in the present Application. In para No.6 thereof, she has given her no objection for quashing of charge-sheet of the present crime.

Learned Advocate for Respondent No.2 on instructions further submitted that, Respondent No.2 reiterates the contents of her Affidavit dated 3rd August, 2022 and her "no objection" for quashing the crime in question.

4.

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

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