Samadhan Bapu Beldar v. The State Of Maharashtra And ORS

NSK 13-wp-4337-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4337 OF 2021 Samadhan Bapu Beldar ... Petitioner V/s.

The State of Maharahstra & Ors.

... Respondents by NILAM SANTOSH KAMBLE Date: 2023.07.20 11:02:37 +0530 Mr.P.R. Pandey and Mrs.Shahjaban Vasaya, for the Petitioner. Mr.S.S. Hulke, APP for Respondent-State.

Mr.Sunil R. More a/w Ms.Jamila Khan, for Respondent No.4. Mr.Subir Sarkar, Appointed Advocate for Respondent No.4. NILAM SANTOSH KAMBLE CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 17th JULY, 2023.

P.C. :

1.

Petitioner, husband of Respondent No.4 has prayed for quashing of FIR No.I-316/2021 registered with Kolsewadi Police Station, Kalyan, District-Thane under Section 498-A, 315, 323, 377, 504, 506 of the Indian Penal Code, with the consent of Respondent No.4. 2.

Learned Advocate for the Respondent No.4 submitted that, Petitioner and Respondent No.4 have settled their dispute amicably and have filed Divorce Petition by mutual consent being M.P. Petition No.1845 of 2023 before the Family Court at Kalyan. He tendered across the bar affidavit of Respondent No.4 dated 16th March 2023 duly affirmed before a Notary public. In paragraph No.3 thereof, the Respondent No.4 has 1/2

NSK 13-wp-4337-2021.doc admitted of filing the said M.P. Petition No.1845 of 2022 before the Family Court at Kalyan. In paragraph No.7 Respondent No.4 has given ' no objection' for quashing of the present crime in question. Mr.More, learned Advocate for Respondent No.4 on instructions in writing submitted that, the Respondent No.4 reiterates contents of her Affidavit dated 16th March 2023 and her 'no objection' for quashing of the present Crime.

3.

In view of the above, Petition is allowed in terms of prayer Clause (Q-ii).

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