Suyog Sambhaji Patil And ORS. v. The State Of Maharashtra And ANR

Osk 7-Wp-1583-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1583 OF 2021 Suyog Sambhaji Patil & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Mr.Kunal Bhanage i/b. Mr.Anish Khandekar for Petitioners. Mr.Ajay Patil, A.P.P. for Respondent No.1-State. Mr. Rajesh P. Khobragade a/w. Mr.Umair Ansari for Respondent No.2. PSI Mr.Dilip Sawant, Bandra Police Station, Mumbai is present. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 4th July 2023.

P.C. :

1.

Petitioners i.e. husband (Petitioner No.1), mother-in-law (Petitioner No.2), father-in-law (Petitioner No.3), sister-in-law (Petitioner No.4) and brother-in-law (Petitioner No.5) of Respondent No.2 have filed present Petition for quashing of CR No. 650 of 2020, dated 21st October 2020 registered with Bandra Police Station, Mumbai for the offence punishable under Sections 498(A), 354, 323, 504, 506, 406 read with 34 of Indian Penal Code (for short, "I.P.C."), with consent of Respondent No.2. 2.

Mr.Bhanage, learned Advocate for Petitioners submitted that, till date chargesheet has not been filed in the present case. The said statement is accepted.

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Osk 7-Wp-1583-2021.odt 3.

Mr.Khobragade, learned Advocate for Respondent No.2 submitted that, the Petitioner No.1 and Respondent No.2 have executed 'Consent Terms' dated 4th July 2023 in the present application. He tendered across the bar the said Consent Terms dated 4th July 2023. The said Consent Terms are duly signed by Petitioner No.1 and Respondent No.2 and their signatures have been identified by their respective Advocates. In para No.3(p) of Consent Terms, the Respondent No.2 has given her unconditional consent for quashing of the crime bearing CR No. 650 of 2020 and any proceedings arising thereof. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of Consent Terms dated 4th July 2023 and her '

no objection' in quashing the crime in-question. 4.

In view of above, Petition is allowed in terms of prayer Clause (a). [ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.07.06 10:45:31 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2