Prashant Surajdev Singh And ORS v. State Of Maharashtra And ANR

Osk 14-Apl-103-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 103 OF 2023 Prashant Surajdev Singh & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents Ms.Manasvi Mawani a/w. Ms.Tahzeen Khan i/b. Ms.Komal Bhatia for Applicants.

Mr.Ajay Patil, A.P.P. for Respondent No.1-State. Mr.Anand Patil for Respondent No.2.

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

DATE : 1st August 2023.

P.C. :

1.

Leave to amend to incorporate challenge to C.C. number in prayer clause is granted. Amendment be carried out forthwith. 2.

Husband and in-laws of Respondent No.2 have filed present application under Section 482 of Criminal Procedure Code for quashing of CC No. 1262/PW/2023 pending on the file of Metropolitan Magistrate, 51st Court, Kurla, Mumbai, arising out of CR No. 0394 of 2022 registered with Sion Police Station, Mumbai, under Sections 498A, 406, 323, 504, 506 read with 34 of Indian Penal Code, with the consent of Respondent No.2. 3.

Learned Advocate for Applicants submitted that, Applicants and Respondent No.2 have settled their differences and disputes and have 1/2

Osk 14-Apl-103-2023.odt executed Consent Terms dated 30th May 2023 before the Family Court at Bandra, Mumbai in M.J. Petition No. E-296 of 2022. In para No.9 thereof, the Respondent No.2 has agreed for quashing of present proceedings before this Court. He tendered across the bar her affidavit dated 26th June 2023 duly affirmed before the Assistant Registrar of this Court. In para No.6 thereof, the Respondent No.2 has given her no objection for quashing of the present crime.

4.

Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her affidavit dated 26th June 2023 and her 'no objection' for quashing of present crime. 5.

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

[ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.08.03 16:07:52 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2