Rajil Jagdish Pahuja And ORS v. State Of Maharashtra And ANR
Gitalaxmi 18-wp-2136-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2136 OF 2024 Rajil Jagdish Pahuja & Ors.
.....Petitioners Vs.
The State of Maharashtra & Anr.
.....Respondents Mr. Rahul Moghe a/w Ms. Kalyani Rathod for the Petitioners. Mr. Ashish I. Satpute, A.P.P. for the Respondent-State. Ms. Chaitali Kamble for Respondent No. 2.
P.I. Ms. Deepshikha Ware, Khar Police Station, Mumbai present. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.
DATE : 1st OCTOBER 2024.
P.C.:- 1) Husband, father-in-law and mother-in-law respectively of Respondent No. 2, have filed present Petition under Article 226 of the Constitution of India for quashing of C. R. No. 790 of 2023 dated 12th October 2023 registered with Khar Police Station, Mumbai for the offence punishable under Sections 406, 420 & 498-A read with 34 of the Indian Penal Code with the consent of Respondent No. 2, the informant. 1.1) At the outset, learned Advocate for the Petitioners submitted that, till date the Police have not filed chargesheet in the present crime. The said statement is accepted.
2) Learned Advocate for the Respondent No. 2 submitted that, the 1/2
Gitalaxmi 18-wp-2136-2024.doc Respondent No. 2 has already filed on record her Affidavit dated 27th September 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. That, they have mutually decided to reconcile their differences and have decided to stay together alonwith their daughter, Ms. Tejashri. In paragraph no. 4 thereof, the Respondent No. 2 has given her no objection for quashing of the crime in question. 2.1) Respondent No. 2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 27th September 2024 and her 'no objection' for quashing of the crime in question.
3) In view thereof, Petition is allowed in terms of prayer clause (a).
(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:
2024.10.07 19:00:05 +0530 GITALAXMI KRISHNA KOTAWADEKAR 2/2