Pramod Siyaram Upadhyay And ORS v. The State Of Maharashtra And ANR

S S KADAM 19-apl-705-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 705 OF 2023 Pramod Siyaram Upadhyay and Ors.

... Applicants V/s.

The State of Maharashtra and Anr.

... Respondents Mr. Viral Rathod along with Mr. Ajay R. Varma for Applicants. Mrs. M. M. Deshmukh, APP for Respondent No.1-State. Mr. R. R. Mishra for Respondent No.2.

CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 4th AUGUST, 2023.

P.C. :

1.

Leave to amend to mention correct C.R. No. in prayer clause granted. Amendment be carried out forthwith.

2.

Husband and in-laws of Respondent No.2 have filed present Application under Section 482 of Cr.P.C. for quashing RCC No.1431 of 2023 pending on the file of Civil Judge Junior Division and Judicial Magistrate First Class (8th Court),Thane, arising out of C.R.No.0639 of 2022 registered with Navghar Police Station, Bhayander, District Thane, under Sections 498-A, 406, 323, 504, 506 and 507 read with Section 34 of Indian Penal Code, with the consent of Respondent No.2.

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2023.08.07 17:51:25 +0530 SHUBHADA SHANKAR KADAM 1/2

S S KADAM 19-apl-705-23.doc 3.

Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 7th July 2023 duly affirmed before a Notary Public. It is stated therein that, Applicant No.1 and Respondent No.2 have amicably settled the differences and issues mutually with the intervention of family members. In paragraph No.5 thereof, she has given her no objection for quashing of RCC No.1431 of 2023.

Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 7th July 2023 and her 'no objection' for quashing of the crime in question. 4.

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