Aaron William Coutinho And ORS v. State Of Maharashtra And ANR

2023:BHC-AS:23734-DB CAJ 22-Wp-2859-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2859 OF 2023 Aaron William Coutinho And Ors.

... Petitioners V/s.

State Of Maharashtra And Anr.

... Respondents Mr. Aslam Khan and Ms. Nila Bhatia for Petitioners. Mr. S. S. Hulke, APP for Respondent-State.

Mr. Udayam Mukherjee a/w Adv. B. F. Lopes for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 18th AUGUST, 2023.

P.C. :

1.

Husband and in-laws of Respondent No.2 have invoked jurisdiction of this Court under Article 226 of the Constitution of India and under Section 482 of Cr.P.C. for quashing of R.C.C. No. 1300 of 2023 pending on the file of learned 2nd Joint Civil Judge, Junior Division and Judicial Magistrate First Class, Vasai, District Palghar, arising out of C.R. No. 374 of 2022 registered with Vasai Police Station, District Palghar, under Sections 498A, 323, 504, 506 of the Indian Penal Code, with consent of Respondent No.2.

2.

Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 17th August, 2023, duly affirmed before a Notary Public. It is stated therein that, the Petitioner No.1 and Respondent No.2 have 1/2

CAJ 22-Wp-2859-2023.odt executed Consent Terms in the nature of Memorandum of Understanding dated 21st July, 2023 and she does not wish to pursue further present proceedings. In view of the terms of Memorandum of Understanding she is giving her consent for quashing of present case. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 17th August, 2023 and her 'no-objection' for quashing of present case. 3.

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

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