Girish Vijay Gavhale And ORS v. State Of Maharashtra And ANR

CAJ 18-Apl-626-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 626 OF 2023 Girish Vijay Gavhale And Ors.

... Applicants V/s.

State Of Maharashtra And Anr.

... Respondents Mr. Vikas Kolekar for Applicants.

Mr. Ajay Patil, APP for Respondent No.1-State. Ms. Madhubala Shetty a/w Mr. Gypson John for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 30th JUNE, 2023.

P.C. :

1.

Applicants, husband and in-laws of Respondent No.2 have filed present Application under Section 482 of Cr.P.C. for quashing of R.C.C. No. 751 of 2020 pending on the file of learned Judicial Magistrate First Class, Kalyan, District Thane, arising out of C.R. No. 24 of 2020 registered with Dombivli Police Station, District Thane, under Sections 498A, 504, 506, 509 read with Section 34 of the Indian Penal Code, with the consent of Respondent No.2.

2.

Learned Advocate for Respondent No.2 tendered across the bar Affidavit of Respondent No.2 dated 30th June, 2023, duly affirmed before Assistant Registrar of this Court and Consent Terms executed between Petitioners and Respondent No.2.

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CAJ 18-Apl-626-2023.odt 3.

In para No.4 of Affidavit dated 30th June, 2023, Respondent No.2 has given her consent for quashing the crime in question. Respondent No.2 is personally present in the Court and through her Advocate reiterates contents of her Affidavit dated 30th June, 2023 and Consent Terms dated 30th June, 2023. She has also given her "no objection" for quashing of R.C.C. No. 751 of 2020 arising out of C.R. No. 24 of 2020.

4.

In view thereof, Application is allowed in terms of prayer clause (a).

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