Amit Sudhir Joshi v. State Of Maharashtra

RVC 21 Wp-2864-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2864 OF 2024

1. Amit Sudhir Joshi

2. Bhagyashree Sudhir Joshi

3. Anirudhha Sudhir Joshi

4. Gayatri Aniruddha Joshi ... Petitioners V/s.

1. The State of Maharashtra Through Senior Police Inspector Hinjewadi Police Station, Pune

2. Mrs. Vedshree Amit Joshi ... Respondents Mr. Himanshu Nagarkar for Petitioners.

Smt. M.H. Mhatre, A.P.P. for Respondent No.1-State. Mr. Ameya Ranade a/w Mr. Pratik Rajopadhye for Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 24th July 2024.

P.C. :

1) Husband, mother-in-law, sister-in-law and brother-in-law of Respondent No.2, respectively have filed present Petition, under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C., for quashing of Criminal Complaint No.501 of 2022 dated 10th February 2022, pending on the file of 7th Joint Civil Judge, C.J.S.D. and J.M.F.C., Pune, arising out of C.R. No.832 of 2021 dated 4th November 2024 registered with Hinjewadi 1/2

RVC 21 Wp-2864-2024.doc Police Station, Pune, under Sections 498-A, 502, 506 read with 34 of the Indian Penal Code, with the consent of Respondent No.2. 2) Learned Advocate for Respondent No.2 submitted that, Respondent No.2 has filed her Affidavit dated 3rd July 2024, duly affirmed before the Assistant Registrar of this court. It is stated therein that, she and Petitioner No.1 have executed Terms of Settlement in a Petition for mutual divorce, pending before the Family Court at Pune. In para No.4 thereof, she has given her no objection for quashing of present crime. 2.1) Respondent No.2 is personally present in the Court and through her Advocate, reiterates the contents of her Affidavit dated 3rd July 2024 and her 'no objection' for quashing of the crime in question.

3) In view thereof, Petition is allowed in terms of amended prayer clause (a). The said prayer clause reads as under :- "(a) That Hon'ble Court may be pleased to exercise its power under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure 1973 and may be pleased to quash and set aside C.R. No.832 of 2021 dated 4/11/2021 registered with Hinjewadi Police Station, Pune and Criminal Complaint No.501/2022 dated 10/02/2022 pending before 7th Joint Civil Judge C.J.S.D. and J.MF.C. Pune for the offences punishable under 498A, 502, 506 r/w 34 of the Indian Penal Code."

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.07.30 17:43:38 +0530 RAJESH VASANT CHITTEWAN 2/2