Prakash Shivram Chaudhary ORS v. State Of Maharashtra And ANR
ssm 1 17-wp2540.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2540 OF 2023 Prakash Shivram Chaudhary & Ors.
.....Petitioners Vs.
The State Of Maharashtra & Anr.
.....Respondents Mr. Lahu Gaikwad for the Petitioners.
Ms. G.P. Mulekar APP, for the Respondent-State. Mr. Satyajeet Joshi i/by Mr. Chinmay Joshi for the Respondent No.2. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.
DATE : 26th JULY, 2023.
P.C.:- 1) Leave to amend to correct the middle name of Petitioner No.4 granted. Amendment be carried out forthwith. 2) Petitioners i.e. husband (Petitioner No.1), mother-in-law (Petitioner No.2), father-in-law (Petitioner No.3), brother-in-laws ((Petitioner Nos.4 and 5), wife of Petitioner No.4 (Petitioner No.6) and sister-in-law (Petitioner No.7) of Respondent No.2 have filed present Petition for quashing of C.R. No.I-274 of 2018 dated 28th September, 2018 registered with Trombay Police Station, Mumbai under Sections 498A, 354(b), 325, 504 and 506 read with Section 34 of the Indian Penal Code, by consent of Respondent No.2.
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ssm 2 17-wp2540.23.doc Learned Advocate for the Petitioners on instructions submitted that, till date police have not submitted charge-sheet in the present crime. The said statement is accepted.
3) Mr. Joshi, learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 24th July, 2023 duly affirmed before the Assistant Registrar of this Court. It is stated therein that, she does not want to prosecute the Petitioners any further and is giving her consent to quash the crime. That, there is no force, coercion and undue influence on her to give consent for quashing of the present crime. That, she is consenting out of her free will and consciousness for quashing of the crime. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 24th July, 2023 and her 'no objection' for quashing of the crime in question. 4) In view of the above, Petition is allowed in terms of prayer clause (a).
(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2023.08.02 11:05:34 +0530 SANJIV SHARNAPPA MASHALKAR 2/2