Paras Rajednra Thakurand ORS v. The State Of Maharashtra And ANR

H. C. Shiv 26.w1862.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1862 OF 2024 Paras Rajendra Thakur & Ors.

.. Petitioners vs.

The State of Maharashtra & Anr.

.. Respondents Mr. Saurabh More with Vaibhav Parab for the Petitioners. Mr. V. A. Kulkarni APP for the Respondent-State. Mr. Ashwin Vasita with Alok D. Pandey for the Respondent No.2. CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 9th MAY 2024 P. C.:- 1) The Petitioners i.e. husband (Petitioner No.1); father in law (Petitioner No.2); mother in law (Petitioner No.3); sisters in law (Petitioner Nos.4 and 5) respectively of the Respondent No.2 have filed present Petition under Article 226 of the Constitution of India read with Section 482 of Cr.P.C. for quashing of C.C.No.856/PW/2023 pending on the file of Metropolitan Magistrate's 24th Court at Borivali, Mumbai arising out of C.R.No.691 OF 2021, dated 3rd August 2021, registered with Malad Police Station, Mumbai under Sections 498-A, 406, 323, 504, 506, 509 read with 34 of I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, with the consent of Respondent No.2.

Digitally signed by HEMANT CHANDERSEN SHIV Date:

2024.05.14 12:53:44 +0530 2) Mr.More, learned Advocate for the Petitioners submitted that, HEMANT CHANDERSEN SHIV 1/2

H. C. Shiv 26.w1862.24.doc Petitioner No.1 and Respondent No.2 have settled their disputes and differences amicably and have executed the Consent Terms dated 14th March 2024, in Petition No.A-2037 of 2021 before the Family Court at Bandra, Mumbai. In pursuance of the said Consent Terms, present Petition is filed for quashing of the said crime, with the consent of the Respondent No.2.

3) Mr.Vasita, learned Advocate for the Respondent No.2 submitted that, the Respondent No.2 has filed her consent Affidavit dated 8th May 2024, duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement between the parties and in para 9 thereof, she has given her no objection for quashing of the said crime.

3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 8th May 2024 and her 'no objection' for quashing of the crime in question. 4) In view thereof, Petition is allowed in terms of prayer clause (b).

(SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2