Bhushan Ramesh Koli And ORS v. The State Of Maharashtra And ANR

SSK 51-apl-972-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 972 OF 2017 Bhushan Ramesh Koli and Ors.

..Applicants V/s.

State of Maharashtra & Anr.

..Respondents Mr. Arya Sapre i/by Mr. Abhishek Sathe for Applicants Mr. Mehul Thakker a/w. Ms. Jayshri Rajemahadik and Mr. Abdullah Bharmal for Respondent No.2 CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 26th JUNE 2023.

P. C. :

1.

Applicants i.e. husband (Applicant No.1); maternal uncles (Applicant Nos.2 and 5); wives of maternal uncles (Applicant Nos. 3 and 6) and the daughter of Applicant Nos. 2 and 3 (Applicant No.4) have filed the present Application under Section 482 of the Cr.P.C. for quashing of C.R.No. 169 of 2015 registered with Malad Police Station, Mumbai under Sections 323, 406, 420, 441, 498A, 499, 500, 503, 504 and 506 of I.P.C. with the consent of Respondent No.2 i.e. wife of Applicant No.1.

2.

Learned Advocate for Applicants submitted that, the Applicant No. 1 and Respondent No.2 have executed Consent Terms dated 14.03.2017 before the Family Court at Bandra, Mumbai in 1/2

SSK 51-apl-972-17.doc Marriage Petition No. 756 of 2017. That, Applicant No.1 and Respondent No.2 have resolved their disputes and differences by way of the said Consent Terms and thereafter Respondent No.2 has given her consent for quashing of the crime in question. 3.

Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 26.06.2023. In paragraph Nos. 4 and 5 thereof, it is stated that, in view of the amicable settlement between herself and Petitioners, vide the Consent Terms she withdraws all the allegations made in the F.I.R. registered with Malad Police Station, Mumbai. Respondent No.2 has given her no objection for allowing the prayers of the Applicants as sought in the present Application.

4.

Respondent No.2 is personally present in Court and through her Advocate reiterates the contents of the Affidavit dated 26.06.2023 and her 'no objection' for quashing of the crime in question.

5.

In view of the above, Application is allowed in terms of prayer clause (a).

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