Ruchir Satish Sanghavi And ORS. v. State Of Maharashtra And ANR

S S KADAM 74-wp-2451-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2451 of 2023 Ruchir Satish Sanghavi and Ors.

... Petitioners V/s.

State of Maharashtra and Anr.

... Respondents Mr. Aashish Satpute along with Mr. Amit Icham for Petitioners. Mr. Ajay Patil, APP for Respondent-State.

Mr. Nagesh Khedkar i/b. Mr. Shailesh Kharat for Respondent No.2. Mr. Samoo R. Chaudhary, PSI, Vimantal Police Station, Pune present. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 17th AUGUST, 2023.

P.C. :

1.

Petitioners i.e. husband; father-in-law; mother-in-law; brotherin-law and sister-in-law (wife of brother-in-law) of Respondent No.2 have invoked jurisdiction of this Court under Article 226 of the Constitution of India and under Section 482 of Cr.PC. for quashing of C.R.No.489 of 2022 dated 13th December 2022 registered with Vimantal Police Station, District - Pune, under Sections 498-A, 376, 377, 420, 323, 504, 506 and 500 read with 34 of Indian Penal Code with the consent of Respondent No.2. Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.08.21 17:38:07 +0530 1/2 SHUBHADA SHANKAR KADAM

S S KADAM 74-wp-2451-2023.doc 2.

Learned Advocate for Petitioners, on instructions, submitted that, till date the Police have not filed charge-sheet in the present crime. The said statement is accepted.

3.

Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 17th August 2023, duly affirmed before the Assistant Registrar of this Court. It is stated therein that, during the pendency of Anticipatory Bail Application before this Court, the matter between her and Petitioners has been amicably settled and accordingly Consent Terms dated 7th June 2023 were filed. That, as per clause (5) of the said Consent Terms, Respondent No.2 has given her no objection for quashing of present crime. It is further stated that, divorce proceedings filed by Respondent No.2 and Petitioner No.1 being Marriage Petition No.A-2417 of 2023 are pending for final adjudication before the Family Court at Pune. In paragraph No.8 of her Affidavit, Respondent No.2 has given her no objection for quashing of the crime in question. Respondent No.2 is personally present in Court and through her Advocate reiterates the contents of her Affidavit dated 17th August 2023 and her 'no objection' for quashing of the present crime. 4.

In view of the above, Petition is allowed in terms of prayer clause (b). (SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2