Sanjay S/O Dattopant Borde v. The State Of Maharashtra And ANR

SLJ 29-APL-637-2021 (STM).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.637 OF 2021 Sanjay S/o Dattopant Borde ...Applicant V/s.

The State Of Maharashtra And Anr.

...Respondents

Mr. Chetan C. Agrawal a/w Mr. Sachin R. Pawar for Applicant. Ms. Riddhi R. Gurav for Respondent No.2.

Mrs. G. P. Mulekar, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 23rd MARCH, 2023 P.C.:- .

Leave to amend to give correct number of Respondent No.2 Swapna W/o Sanjay Borde.

2.

Amendment be carried out forthwith and in any event during the course of day.

3.

By the present Petition, Petitioner-husband has prayed for quashing of Crime No. 257 of 2021 registered with Tulinj Police Station, District Palghar, for offences punishable under Sections 498-A, 323, 504 & 506 of Indian Penal Code (for short 'IPC') by consent of Respondent No.2 i.e. wife of Petitioner.

4.

Mr. Agrawal, learned Advocate for Applicant submitted that, the parties herein have settled the matter amicably and Respondent No.2 has 1/2 This Order is corrected pursuant to the Speaking to Minutes of Order dated 12.04.2023 SAJAKALI LIYAKAT JAMADAR Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.04.15 17:14:14 +0530

SLJ 29-APL-637-2021 (STM).doc filed an Affidavit dated 8th March 2023 duly affirmed before the Notary Public. That, the Respondent No.2 has consented to quash the First Information Report in question.

5.

Learned Advocate for Respondent No.2 tendered across the bar said Affidavit of Respondent No.2 dated 08.03.2023. The same is taken on record. Respondent No.2 is personally present in the Court and through her Advocate gives consent for quashing of the present crime. 6.

In view thereof, Petition is allowed in terms of prayer Clause (C). (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2 This Order is corrected pursuant to the Speaking to Minutes of Order dated 12.04.2023