Bombay High CourtWP/2048/2024allowed

Sunny Mahesh Doshi And ANR v. State Of Maharashtra And ANR

2024-06-25Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

ssm 38-wp2048.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2048 OF 2024 Sunny Mahesh Doshi & Ors.

.....Petitioners.

Vs.

The State Of Maharashtra & Anr.

.....Respondents Adv. Saurabh More a/w. Adv. Vaibhav Parab for the Petitioners. Smt. M.H. Mhatre APP, for the Respondent-State. Adv. Rachana Lad i/by Adv. Priyanka Mehta for the Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 25th JUNE, 2024.

P.C.:- 1) Leave to amend to state correct case number pending on the file of 26th Metropolitan Magistrate Court, Borivali, Mumbai in the pleadings and prayer clause, granted. Amendment be carried out forthwith. 2) Petitioners i.e. husband, father-in-law and mother-in-law of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India for quashing of C.C. No.2957/PW/2018 pending on the file of 26th Metropolitan Magistrate Court, Borivali, Mumbai arising out of C.R. No.59 OF 2017 registered with Borivali Police Station, Mumbai under Sections 498A, 420, 506 and 406 read with Section 34 of the Indian Penal Code, with consent of Respondent No.2, the informant. 1/2

ssm 38-wp2048.2024.doc 3) Learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 25th June, 2024, duly affirmed before the Assistant Registrar of this Court. In paragraph No.3 thereof, it is stated that, the Petitioner No.1 and Respondent No.2 have filed Consent Terms dated 30th January, 2024 in Petition No. A 1123 of 2017 before the Family Court, Bandra, Mumbai under Section 13(b) of the Hindu Marriage Act. In paragraph No.4 thereof, she has given her 'no objection' for quashing of the present crime.

3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 25th June, 2024 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 (b).

( DR. NEELA GOKHALE, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2024.07.01 11:17:07 +0530 SANJIV SHARNAPPA MASHALKAR 2/2