Sunil Kumar Gupta @ Sunil Chedilal Gupta And ORS v. The State Of Maharashtra And ANR

NSK 33-apl-1336-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1336 OF 2022 Sunil Kumar Gupta @ Sunil Chedilal Gupta & Ors.

...Applicants V/s.

State of Maharashtra & Anr.

...Respondents

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2023.07.18 10:41:23 +0530 Mr.Mohd. Saeed Moghul a/w Ms.Deepa Panicker, Mr.Azhar Shaikh, for the Applicants.

Ms.G.P. Mulekar, APP for the Respondent-State. Mr.Nilesh Gupta i/b Global Law Juris, for Respondent No.2. Mr.Raut, PSI, Malwani Police Station.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 07th JULY 2023 P.C.

1.

Husband and in laws of Respondent No.2 have filed present Application under Section 482 of Cr.P.C. for quashing of C.R. No.792 of 2022 registered with Malwani Police Station, Mumbai dated 17th June 2022 under Sections 498-A, 377, 406, 354, 506 and 506(2) read with 34 of IPC, with the consent of Respondent No.2. 2.

At the outset, the learned Advocate for the Applicants submitted that, investigation of the present Crime is not yet completed and police have not submitted charge-sheet. The said 1/2

NSK 33-apl-1336-2022 statement is accepted.

3.

Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 7th July 2023, duly affirmed before a Notary public along with Consent Terms dated 07th July 2023. In paragraph No.8 thereof, Respondent No.2 has given her no objection for quashing of the present crime.

Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 7th July 2023 and her 'no objection' for quashing of the Crime in question.

4.

Learned Advocate submitted that, the Applicants will abide by all the terms and conditions mentioned in the Affidavit dated 07th July 2023. The said statement is accepted as an undertaking given to this Court.

5.

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

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