Vikas Suryabhan Singh And ORS v. State Of Maharashtra And ANR

Osk 21-Wp-310-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 310 OF 2023 Vikas Suryabhan Singh & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Ms. Samina Mirza for Petitioners.

Mr. Ajay Patil, A.P.P. for Respondent No.1-State. Ms. Swapana P. Kode for Respondent No.2.

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

DATE : 9th March 2023.

P.C. :

1.

This is Petition for quashing of First Information Report bearing F.I.R. No.0214 of 2022, dated 6th August 2022, registered with Taloja Police Station, District Navi Mumbai, for the offence punishable under Sections 498, 312, 313, 315, 406, 420, 354-A, 324, 323, 504, 506, read with 34 of Indian Penal Code and Sections 65, 66(C), 66(E) of The Information Technology Act, 2000.

2.

Learned Advocate for Petitioners submitted that, the Petitioner No.1 and Respondent No.2 have amicably settled the matter and consent terms have been filed in Marriage Petition No. 540 of 2022 and 599 of 2022 before the 7th & 1st Civil Judge Senior Division at Panvel, District Raigad. She 1/2

Osk 21-Wp-310-2023.odt submitted that, in pursuance of the said consent terms and in particular para No.(a) thereof, present Petition is filed for quashing of First Information Report by consent.

3.

Learned Advocate appearing for Respondent No.2 conceded to the said fact situation. She submitted that, the Respondent No.2 is personally present in the Court and she concedes to the filing of said Consent Terms dated 19th October 2022 and in particular clause No.(a) thereof. 4.

In view of the fact that, the Petitioner No.1 and Respondent No.2 have filed Consent Terms before the Trial Court as noted earlier and in pursuance of clause No.(a) thereof present Petition is filed for quashing of aforenoted First Information Report, we allow the present Petition in terms of prayer Clause (a).

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.03.10 13:19:06 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2