Nikesh Naresh Lakhdir And ORS v. The State Of Maharashtra And ANR
ssm 1 10-wp4600.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4600 OF 2022 Nikesh Naresh Lakhdir & Ors.
.....Petitioners Vs.
The State Of Maharashtra & Anr.
.....Respondents Mr. Kuldeep U. Nikam for the Petitioners.
Mrs. M.M. Deshmukh APP, for the Respondent-State. Mr. Vaibhav Gaikwad for the Respondent No.2.
CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.
DATE : 27th JUNE, 2023.
P.C.:- 1) Petitioners i.e. husband and in-laws of Respondent No.2 have filed present Petition for quashing of C.R. No.49 of 2021 registered with Hinjawadi Police Station, Pune under Sections 498A, 323, 504 and 506 read with Section 34 of the Indian Penal Code, with consent of Respondent No.2.
2) Mr. Nikam, learned Advocate for the Petitioners submitted that, the Petitioner No.1 and Respondent No.2 have filed Petition bearing M.P. No. 1214 of 2022 for dissolution of marriage by mutual consent under Section 13(B)(I) of the Hindu Marriage Act, 1955 in the Court of Civil Judge, Senior Division, Pune on 1st August, 2022 and in paragraph No.8(h) thereof, the Respondent No.2 has undertaken that, she will co-operate and 1/2
ssm 2 10-wp4600.22.doc file her written consent before this Court for quashing of the crime in question. In furtherance of filing of the said M.P. No.1214 of 2022, present Petition is filed.
3) Learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 27th June, 2023, duly affirmed before the Assistant Registrar of this Court. In paragraph No.6 thereof, Respondent No.2 has given her 'no objection' for allowing the Petition in favour of the Petitioners. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 27th June, 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:
2023.07.05 11:51:50 +0530 SANJIV SHARNAPPA MASHALKAR 2/2