Shekhar Prabhakar Dhotre And ANR v. The State Of Maharashtra And ANR

NSK 32-apl-1264-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1264 OF 2022 Shekhar Prabhakar Dhotre & Anr.

...Applicants V/s.

State of Maharashtra & Anr.

...Respondents

Mr.Tushar Kale a/w Ms.Nirjala Mishra, for the Applicants. Mrs.M.M. Deshmukh, APP for the Respondent-State. Mr.Krushnadev Suresh Bansode, Chinchwad Police Station, Pimpari, Pune.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.07.18 10:41:22 +0530 CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 07th JULY 2023 P.C.

1.

This is an Application for quashing of R.C.C. No.687 of 2020 pending on the file of learned Judicial Magistrate First Class, Pimpari, Pune arising out of C.R. No.437 of 2019 registered with Chinchwad Police Station under Section 498-A read with 34 of the IPC by the husband and mother-in-law of Respondent No.2, with the consent of Respondent No.2.

2.

Learned Advocate for the Applicants submitted that, Applicant No.1 and Respondent No.2 have executed Consent Terms dated 19th April 2022 before the Court of Civil Judge Senior 1/2

NSK 32-apl-1264-2022 Division, Pune in M.P. No.112/2021. In paragraph No.(b) thereof, Respondent No.2 has agreed to take necessary steps to quash the present proceedings before this Court. Present Application is filed in furtherance of the said Consent Terms dated 19th April 2022. 3.

Learned Advocate for Respondent No.2 submitted that, Respondent No.2 has filed an affidavit dated 5th January 2023, duly affirmed before a Notary public and in paragraph No.5 thereof, she has given her no objection for setting aside and quashing of R.C.C. No.687 of 2020 pending on the file of Judicial Magistrate First Class, Pimpari, Pune arising out of C.R. No.437 of 2019 registered with Chinchwad Police Station.

Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 5th January 2023 and her 'no objection' for quashing of the crime in question.

4.

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

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