Prasad Bhau Dhavade And ORS v. State Of Maharashtra And ANR

sns 50-wp-298-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.298 OF 2024 Prasad Bhau Dhavade & Ors .....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Sagar Ambedkar for Petitioners.

Mr. Vinod Chate APP, for Respondent No.1-State. Mrs. Pranavi P. Dhavade Respondent No.2 present. Ms. Dhanashree Bhate for Respondent No.2.

CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.

DATE : 13th JUNE, 2024.

P.C.:- 1) Petitioners, i.e., husband, father-in-law and mother-in-law of the Respondent No.2, have filed present Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of RCC No.737 of 2019, pending on the file of Judicial Magistrate First Class (Court No.3) at Kalyan, District Thane, arising out CR No.147 of 2019 registered with Vishnunagar Police Station, Dombivali under Sections 498A, 323, 504 and 506 read with Section 34 of the Indian Penal Code (IPC) with the consent of Respondent No.2, the wife of Petitioner No.1.

2) Learned Advocate for Petitioners submitted that, Petitioner 1/2

sns 50-wp-298-2024.doc No.1 and Respondent No.2 have settled their disputes and differences amicably and the Respondent No.2 has given her consent for quashing of the said case. He submitted that, therefore the said case may be quashed with the consent of Respondent No.2.

3) Learned Advocate for Respondent No.2 tenders across the bar her Affidavit dated 2nd January 2024, duly affirmed before a Notary Public. In paragraph 5 thereof, the Respondent No.2 has stated that, she has settled all her differences with the Petitioners and now wish to live in peace and harmony and therefore has entered into consent terms. In paragraph 6 thereof, she has given her 'no objection' for quashing of RCC No.737 of 2019 pending on the file of Judicial Magistrate First Class (Court No.3) at Kalyan, District Thane, arising out CR No.147 of 2019 registered with Vishnunagar Police Station, Dombivali.

4) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 2nd January 2024 and her 'no objection' for quashing of the crime in question. 5) In view thereof, Petition is allowed in terms of prayer clause (b).

(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.06.19 15:59:47 +0530 SHAMBHAVI NILESH SHIVGAN 2/2