Hariram Sevaram Bhatla And ORS v. State Of Maharashtra And ORS

dtg 16-Wp-1354-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1354 OF 2024 Hariram Sevaram Bhatla & Ors.

... Petitioners V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Mr. Mahesh Vaswani a/w Ms. Shreya Tiwari, Ms. Shaista Hadi and Ms. Aliza Sheikh i/b Ms. Lakshita Fatnani for Petitioners. Mr. Vinod Chate, A.P.P. for Respondent Nos.1 and 3-State. Mr. Aniket Tawde a/w Ms. Ieecha Pokale & Mr. Girish Hegde for Respondent No.2.

_______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 13th August 2025.

P.C. :

1) By this Petition under Article 226 of the Constitution of India, father-in-law (Petitioner No.1), mother-in-law (Petitioner No.2), husband (Petitioner No.3) and brother-in-law (Petitioner No.4) of Respondent No.2, are seeking quashing of criminal case bearing C.C. No. 1096/PW/2022, pending on the file of learned 61st Metropolitan Magistrate at Kurla, Mumbai, arising out of C.R. No. 32 of 2021, dated 25th January 2021, registered with Antop Hill Police Station, Mumbai, punishable under Sections 498-A, 406, 323 and 504 read with 34 of the Indian Penal Code (IPC), with the consent of Respondent No.2.

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dtg 16-Wp-1354-2024.doc 2) Mr. Vaswani, learned counsel appearing for Petitioners submitted that, the Petitioners and Respondent No.2 have now amicably settled their disputes and differences and have executed Consent Terms dated 14th July 2025, which are annexed at page No.290 to 307 to the Petition. He submitted that, the Respondent No.2 is giving her consent for quashing of the crime in question. He therefore prayed that, said crime in question may be quashed with the consent of Respondent No.2. 3) Mr. Tawde, learned counsel appearing for Respondent No.2 submitted that, Respondent No.2 has already filed on record her Affidavit of Consent dated 8th August 2025, duly affirmed before a Notary Public. In para No.4 thereof, Respondent No.2 has given her no objection for quashing of the crime in question.

3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 8th August 2025 and her 'No Objection' for quashing of the crime in-question. 4) In view of the above, Petition is allowed in terms of prayer clause (C).

( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) 2/2