Vedprakash Hausal P. Shukla And ORS. v. The State Of Maharashtra And ANR.

19-WP-5457-2018.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5457 OF 2018 Vedprakash Hausal P. Shukla ] and others.

] Petitioners Vs.

The State of Maharashtra and another ] Respondents .....

Mr. Sandeep Mishra i/b Mr. A.R. Pandey, for Petitioners. Ms. S.S. Kaushik, A.P. P, for Respondent No.1-State. Mr. Harish Mishra, for Respondent No.2.

Mr. Dattatray Eknath Gode, Police Sub Inspector, Kolsewadi Police Station, Kalyan (East), Thane.

.....

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, J.J.

DATE : 2nd March, 2023.

P.C.

1.

By this petition, the petitioners seek quashing of the First Information bearing No.I-32 of 2018 registered with the Kolsewadi Police Station, Kalyan, District, Thane, for the alleged offences punishable under sections 306, 498-A, 406, 323, 504 r/w 34 of the Indian Penal Code. Quashing is sought on the premise, that the respondent No.2 has given consent to the quashing of the aforesaid F.I.R and proceedings consequent thereto. Since, case is one under SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2023.03.08 17:59:12 +0530

19-WP-5457-2018.doc section 306 of the I.P.C, we are not inclined to entertain the petition seeking quashing of the case, with the consent of the parties. Accordingly, the petition is dismissed.

2.

Needless to state, that it is open for the petitioner to file a fresh petition, on merits.

3.

All contention of all parties on merits are kept open. [PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.]