Bombay High CourtWP/1828/2024allowed

Amar S/O. Vasant Torka And ORS. v. The State Of Maharashtra And ANR.

2024-07-18Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

ssm 23-wp1828.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1828 OF 2024 Aman S/o. Vasant Torka & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Amit Dubey i/by Adv. A. M. Saraogi for the Petitioners. Mr. A.S. Shalgaonkar APP, for the Respondent-State. Adv. Priya Maurya i/by Adv. Sagar Shah for the Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 18th JULY, 2024.

P.C.:- 1) Petitioners i.e. husband, mother-in-law, father-in-law, sister-inlaw and husband of sister-in-law respectively of Respondent No.2, have filed present Petition under Article 226 of the Constitution of India for quashing of R.C.C. No.885 of 2023 pending on the file of 11th Joint Civil Judge, J.D. and J.M.F.C., Thane arising out of C.R. No.603 of 2022 dated 2nd August, 2022, registered with Navghar Police Station, Mira-Bhayander, Vasai-Virar Police Commissionerate, under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code, with consent of Respondent No.2, the informant.

2) Learned Advocate for the Respondent No.2 submitted that, Respondent No.2 and Petitioner No.1 have settled their disputes and 1/2

ssm 23-wp1828.2024.doc differences amicably and Consent Terms have accordingly been filed before the Family Court at Bandra, Mumbai. He submitted that, the Petition for divorce by mutual consent is also filed before the Family Court at Bandra, Mumbai.

2.1) Learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 27th June, 2024, duly affirmed before the Assistant Registrar of this Court. In paragraph No.3 thereof, the Respondent No.2 has stated that, she intends to give her consent for quashing of the present crime in view of the amicable settlement between the parties. 2.2) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 27th June, 2024 and her 'no objection' for quashing of the 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 SANJIV SHARNAPPA MASHALKAR Date: 2024.07.24 11:33:51 +0530 SANJIV SHARNAPPA MASHALKAR 2/2