Nikhil Rajendra Kshirsagar And ORS v. The State Of Maharashtra And ANR
ssm 45-wp2557.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2557 OF 2024 Nikhil Rajendra Kshirsagar & Ors.
.....Petitioners Vs.
The State Of Maharashtra & Anr.
.....Respondents Adv. Arundhati Ghadi for the Petitioners.
Smt. Anamika Malhotra Addl. PP, for the Respondent-State. Adv. Saurabh S. More for the Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.
DATE : 25th JUNE, 2024.
P.C.:- 1) Petitioners i.e. 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 read with Section 482 of the Code of Criminal Procedure for quashing of C.C. No.2603725/PW/2023 pending on the file of 26th Metropolitan Magistrate Court, Borivali, Mumbai arising out of C.R. No.1563 OF 2022 registered with Borivali Police Station, Mumbai under Sections 498A, 406, 377, 323, 504 and 506 read with Section 34 of the Indian Penal Code, with consent of Respondent No.2, the informant. 2) Mr. More, learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 25th June, 2024, duly affirmed before a 1/2
ssm 45-wp2557.2024.doc Notary Public. In paragraph No.5 thereof, the Respondent No.2 has admitted that, the Petitioner No.1 and herself have amicably settled their disputes and in pursuance thereof have executed Consent Terms dated 20th February, 2024 before the Family Court, Mumbai. That, in view of the amicable settlement, she has given her consent for quashing of the present case. In paragraph No.8 thereof, she has given her consent to quash 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 25th 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 (b).
( DR. NEELA GOKHALE, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2024.07.01 11:17:22 +0530 SANJIV SHARNAPPA MASHALKAR 2/2