Amit Balu Khopade And ORS v. The State Of Maharashtra And ANR

DAE 25-WP-1141-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1141 OF 2023 Amit Balu Khopade And Ors

...Petitioners

Versus

The State Of Maharashtra And Anr

...Respondents

Ms.Lajri Panchal a/w Zubin Brahmabhatt for Petitioner Nos.1 to 8. Mr. Amit Khopade-Petitioner No.1 is present.

Mr. Pramanand Torne a/w Mr. Akshay Gajbhiye, Arun Mokal for Respondent No.2.

Mr. Ajay Patil, APP for Respondent-State.

PSI Sanjay Sable, Vashi Police Station is present. by DNYANESHWAR ASHOK ETHAPE Date: 2023.04.15 16:53:53 +0530 DNYANESHWAR ASHOK ETHAPE CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 10th APRIL 2023.

P.C.:- 1.

By the present Petition, the Petitioners i.e. Petitioner No.1-husband, Petitioner No.2-father-in-law, Petitioner No.3-Mother-in-law, Petitioner Nos. 4, 6, 7, 8 sister-in-laws and the Petitioner No.5 the husband of Petitioner No.4 have prayed for quashing of R.C.C. No.329 of 2022 pending on the file of learned Judicial Magistrate, First Class, Vashi, Navi Mumbai, arising out of FIR No. 176 of 2021 registered with Vashi Police Station, Navi Mumbai, under Sections 498-A, 354-A, 323, 504, 506 read with 34 of the Indian Penal Code, by consent of Respondent No.2.

1/2

DAE 25-WP-1141-2023.doc 2.

Learned Advocate for Petitioners submitted that, the Petitioner No.1 and Respondent No.2 have filed Consent Terms in Marriage Petition No.399 of 2020 in the Court of Civil Judge, Senior Division, Panvel at Panvel. In paragraph 11 thereof, the Petitioners and Respondent No.2 have agreed for quashing of F.I.R. No. 176 of 2021 lodged by Respondent No.2. 3.

Learned Advocate for Respondent No.2 today tendered across the bar an Affidavit dated 25th January 2023 of Respondent No.2, duly affirmed before a Notary Public. Learned Advocate for Respondent No.2 has duly identified signature of Respondent No.2 in the said Affidavit. In paragraph 7 (a) thereof, the Respondent No.2 has given her ' No Objection' for quashing of said R.C.C. No.329 of 2022, arising out of FIR No.176 of 2021 registered with Vashi Police Station, Navi Mumbai.

4.

In view thereof, Petition is allowed in terms of prayer clause (b). (PRAKASH D. NAIK, J.) (A. S. GADKARI, J.) 2/2