Bombay High CourtWP/2065/2024allowed

Arun Ashok Gupta And ANR v. State Of Maharashtra And ANR

2024-07-09Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

sns 9- wp-2065-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2065 OF 2024 Arun Ashok Gupta And Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Saurabh More, for the Petitioners.

Mr. Vinod Chate APP, for Respondent No.1-State. Ms. Prachi Jain for the Respondent No.2.

Petitioner and Respondent No.2 are present.

PSI S.L.Doke attached to Borivali P. Stn. Present. CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.

DATE : 9th JULY, 2024.

P.C.:- 1) Petitioners i.e., husband, father-in-law, mother-in-law and brother-in-law respectively of the Respondent No.2 have filed the present Petition under Article 226 of Constitution of India read with Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of the CC No.660/PW of 2020, pending on the file of the learned Metropolitan Magistrate, 26th Court at Borivali, Mumbai, arising out of C.R.No. 389 of 2019 dated 5th July 2019 registered with Borivali Police Station, Mumbai under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code (IPC), with the consent of the Respondent No.2, the informant. 1/2

sns 9- wp-2065-2024.doc 2) Learned Advocate for the Respondent No.2 submitted that, the Petitioner No.1 and the Respondent No.2 have executed Consent Terms for Reconciliation dated 23rd December, 2020 in Petition A-2535 of 2019 before the Family Court at Bandra, Mumbai. That, in furtherance of the said Consent Terms for Reconciliation, the Petitioner No.1 and the Respondent No.2 are now cohabiting together and the Respondent No.2 has no grievance against the Petitioners.

2.1) Learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 25th June, 2024, duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement and has given her no objection for quashing of the present case.

2.2) 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. 3) In view of the above, the Petition is allowed in terms of prayer clauses (b) and (b1).

(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.07.16 11:31:58 +0530 SHAMBHAVI NILESH SHIVGAN 2/2