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Bombay High CourtWP/4338/2022allowed

Mangesh Vijay Gondane v. State Of Maharashtra And ANR.

2023-04-06Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

Osk 44-Wp-4338-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4338 OF 2022 Mangesh Vijay Gondane ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents Mr. C. K. Tripathi for Petitioner.

Mr. S.S. Hulke, A.P.P. for Respondent No.1-State. Ms. Bhagyashri Gawas for Respondent No.2.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 6th April 2023.

P.C. :

1.

Petitioner, accused in CR No. 1238 of 2022 dated 2nd September 2022 registered with Samata Nagar Police Station, Kandivali (E.), Mumbai, under Sections 354A, 500, 504, 509 of Indian Penal Code and Section 67, 67(A) of Information Technology Act, 2000 has filed the present Petition for quashing the said crime by consent of Respondent No.2, victim. 2.

Respondent No.2 has filed an Affidavit dated 17th October 2022 duly affirmed before the Assistant Registrar of this Court. In para No.3 thereof, she has given her 'no objection' for quashing CR No.1238 of 2022 registered with Samata Nagar Police Station, Kandivali (E.), Mumbai. 1/2

Osk 44-Wp-4338-2022.odt 3.

Advocate Ms.Bhagyashri Gawas, on instructions from Respondent No.2, submitted that, the Respondent No.2 has filed the said Affidavit dated 17th October 2022. That, she has identified the signature of Respondent No.2. She further on instructions submitted that, the Respondent No.2 has no objection in quashing the present crime. 4.

In view thereof, Petition is allowed in terms of prayer Clause (a). [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.04.11 16:57:50 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2