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Bombay High CourtAPL/631/2021allowed

Atul Akaram Wavare And ANR v. The State Of Maharashtra And ANR

2023-04-25Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

Osk 22-Apl-631-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 631 OF 2021 Atul Akaram Wavare & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Pandit Kasar for Applicants.

Mr. S.S. Hulke, A.P.P. for Respondent No.1-State. Mr. Veerdhaval Kakade for Respondent No.2.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 25th April 2023.

P.C. :

1.

Applicants i.e. husband (Applicant No.1); mother-in-law (Applicant No.2) and sister-in-law (Applicant No.3) of Respondent No.2 i.e. wife of Applicant No.1 have filed present Application for quashing of FIR No. 120 of 2021, dated 31st March 2021 registered with Sangvi Police Station, Pimpri Chinchwad, Pune and all further proceedings arising therefrom, by consent of Respondent No.2.

2.

Learned Advocate for Applicants submitted that, the Applicant No.1 & Respondent No.2 have resolved their differences and disputes and have started cohabiting together.

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Osk 22-Apl-631-2021.odt 3.

Respondent No.2 has filed affidavit dated 15th December 2021. In para No.2 thereof, she has stated that, she has reconciled her inter se dispute with Applicant No.1 and she has decided to stay together. In para No.3 thereof, she has given her 'no objection' for quashing of the present crime. The said affidavit is duly affirmed before a Notary Public. The signature of Respondent No.2 has been identified by her Advocate on record Mr.V.P. Kakade.

4.

In view of the above, Application is allowed in terms of prayer Clause (a).

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.05.03 10:33:11 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2