Ambuj Sungh v. Nirmal Nagar Police Station

CAJ 19-Apl-993-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 993 OF 2023 Ambuj Ganga Singh And Ors.

... Applicants V/s.

The State of Maharashtra And Anr.

... Respondents Mr. Ashish Uttam Singh i/b Mr. S. J. Pandey for Applicant. Mrs. M. M. Deshmukh, APP for Respondent No.1-State. Mr. Arvind Tiwari for Respondent No.2.

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

DATE : 7th AUGUST, 2023.

P.C. :

1.

Husband and in-laws of Respondent No.2 have filed present Application under Section 482 of Cr.P.C. for quashing of C.R. No. 276 of 2022 dated 8th April, 2022, registered with Nirmal Nagar Police Station, Mumbai, under Sections 498A, 406, 504, 506 of the Indian Penal Code, with the consent of Respondent No.2.

2.

Learned Advocate for Applicant submitted that, till date police have not submitted charge-sheet. The said statement is accepted. 3.

Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 30th March, 2023 duly affirmed before a Notary Public. It is stated therein that, she has decided to give divorce by mutual consent in the Petition pending before the Family Court at Bandra, Mumbai. She has 1/2

CAJ 19-Apl-993-2023.odt also admitted receipt of Rs.7,00,000/- towards settlement. She has given her no objection and consent for quashing of present crime. Respondent No.2 is personally present in the Court and through her Advocate reiterates contents of her Affidavit dated 30th March, 2023 and her 'no-objection' for quashing of the crime in question. 4.

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

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by CHAITANYA ASHOK JADHAV Date:

2023.08.11 12:47:40 +0530 CHAITANYA ASHOK JADHAV 2/2