Ajay Dinkar Tambe And ORS v. State Of Maharashtra And ANR

RVC 18 Wp-1587-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1587 OF 2024 1) Ajay Dinkar Tambe Age 32 years Indin Inhabitant Occ. Service, presently residing at Flat No.402, Gayatri CHSL, Sadan Wadi, Bhandup West, Mumbai-400 078.

2) Vijaya Dinkar Tambe Aged about 54 Years, Indian Inhabitant Occ. Housewife.

3) Monica Akshay Tambe Aged about 34 years, Indian Inhabitant Occ. Service.

4) Mr. Akshay Dinkar Tambe Aged about 34 years, Indina Inhabitant Occ. Service, Petitioner Nos.2 to 4 presently residing at Flat No.1202, Kshitij Vivant CHSL, Lake Road, Sadan Wadi, Near Bhandup Police Station, Bhandup West, Mumbai-400 078 ... Petitioners V/s.

1) The State of Maharashtra through Investigation Officer, C.R.No.2215/2022 at Sakinaka Police Station Mumbai-400 072.

2) Mrs. Vaishali Ajay Tambe Aged about 32 years, Indian Inhabitant, Occ. Service, presently residing at B/32, Shiv Prabha Society, Andheri Ghatkopar Road, Asalpha, Mumbai-400 072.

... Respondents 1/3

RVC 18 Wp-1587-2024.doc Adv. Maheshwari Dave, Ms. Gauri B. Govande and Mr. Nilesh Singh for Petitioners.

Mr. A.I. Satpute, A.P.P. for Respondent No.1-State. Mr. Rahul Arote for Respondent No.2.

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

DATE : 12th July 2024.

P.C. :

1) Husband, sister-in-law and brother-in-law, respectively of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India, for quashing of Case No.P.W/6600603/2023, pending on the file of learned Additional Metropolitan Magistrate, 66th Court, Andheri, Mumbai, arising out of C.R. No.2215 of 2022 dated 22nd November, 2022, under Sections 323, 498-A, 406, 504 and 506 read with Section 34 of the Indian Penal Code, with the consent of Respondent No.2. 2) Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 12th July 2024, duly affirmed before the Assistant Registrar of this Court. It is stated therein that, Petitioners and Respondent No.2, have settled their disputes among themselves and have executed the Consent Terms dated 3rd December 2023. That, in pursuance of the said Consent Terms, she has received necessary compensation from the Petitioners. In para No.7 thereof, she has given her no objection for quashing of the crime in question.

2/3

RVC 18 Wp-1587-2024.doc 2.1) Respondent No.2 personally present in the Court and she through her Advocate, reiterates the contents of her Affidavit dated 12th July 2024 and her no 'objection' for quashing of the said crime. 3) In view thereof, Application is allowed in terms of clause (c). ( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) by RAJESH VASANT CHITTEWAN Date: 2024.07.19 11:34:01 +0530 RAJESH VASANT CHITTEWAN 3/3