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Bombay High CourtWP/219/2021allowed

Sagar Shivaji Pawar And ORS v. The State Of Maharashtra ANR.

2024-06-21Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

RVC 9 Wp-219-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 219 OF 2021 Sagar Shivaji Pawar & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Prasad Avhad i/b Kuldeep Nikam for Petitioners. Smt. Anamika Malhotra, Addl. P.P. for Respondent No.1-State. Ms. Kalyani Mangave i/b Manoj Patil for Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 21st June 2024.

P.C. :

(1) Petitioners I.e. husband, father-in-law and mother-in-law of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, for quashing of F.I.R. No.1463 of 2020, registered with Karveer Police Station, District Kolhapur, against the Petitioners under Sections 498-A, 327, 313, 504, 506 read with 34 of Indian Penal Code, with the consent of Respondent, the complainant.

(2) Respondent No.2 has filed an Affidavit dated 16th April 2024, duly affirmed before a Notary Public. It is stated therein that, she had filed an application bearing D.V. Application No.1111 of 2021 in the Court of Judicial Magistrate First Class, Kolhapur and in the said proceedings, 1/2

RVC 9 Wp-219-2021.doc Petitioner No. 1 and Respondent No.2 have decided to resolve their dispute amicably and accordingly the Consent Terms dated 4th March 2024 were filed. In para No.2(c) of the Consent Terms, it was agreed by Respondent No.2 that, she will co-operate in disposal of present Criminal Writ Petition and for quashing of the crime in question. In para No.5 thereof, she has given her consent for quashing of the present crime. (2.1) Respondent No.2 is personally present in Court and through her Advocate, reiterates the contents of her Affidavit dated 16th April 2024 and her 'no objection' for quashing the crime in question. (3) In view thereof, the Petition is allowed in terms of prayer Clause (a).

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.06.28 17:01:30 +0530 RAJESH VASANT CHITTEWAN 2/2