Sagar Chandrakant Doiphode And ORS v. The State Of Maharashtra And ORS

Osk 14-Wp-932-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 932 OF 2024 1.

Sagar Chandrakant Doiphode ] 2.

Chandrakant Doiphode ] 3.

Ujjwala Chandrakant Doiphode ] ... Petitioners V/s.

1.

The State of Maharashtra ] 2.

The Senior Inspector of Police ] M.I.D.C. Police Station, Andheri E.

] 3.

Rupali Sagar Doiphode ] ... Respondents Ms. Gauri Joglekar a/w. Mr. Praful Patil & Ms. Shama S. i/b. Meraki Legal for Petitioners.

Mr. Anand S. Shalgaonkar, A.P.P. for Respondent Nos.1 & 2-State. Mr. Vipan B. Kumar for Respondent No.3.

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

DATE : 6th August 2024.

P.C. :

1) Husband and in-laws of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India for quashing of CC No.1781/PW/2023 pending on the file of learned Additional Chief Metropolitan Magistrate, 22nd Court, Andheri, Mumbai, arising out of CR No. 29 of 2022, dated 15th January 2022, registered with M.I.D.C. Police Station, Mumbai, under Sections 498-A, 406, 504, 417 read with 34 of the Indian Penal Code, with the consent of Respondent No.3, the informant. 1/2

Osk 14-Wp-932-2024.doc 2) Learned Advocate for Respondent No.3 submitted that, the Respondent No.3 has filed consent Affidavit dated 26th March 2024 duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.3 has admitted the fact of filing of Consent Terms before the learned Additional Chief Metropolitan Magistrate, 22nd Court, Andheri, Mumbai, in CC No. 56/DV/2022. In para No.9 thereof, she has given her no objection for quashing of the said crime.

2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of Affidavit dated 26th March 2024 and her 'no objection' for quashing of the said crime in question. 3) In view of the above, Petition is allowed in terms of prayer clause (a).

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.08.13 11:44:51 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2