Rajiv Kabir Hiranandani And ORS v. The State Of Maharashtra And ANR

ssm 22-wp2883.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2883 OF 2024 Rajiv Kabir Hiranandani & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. J.K. Shah a/w Ms. Pooja Shah and Mr. Govind Munde i/by R.J. Law for the Petitioners.

Smt. Anamika Malhotra Addl. PP, for the Respondent-State. Adv. Mr. Himanshu Nagarkar for the Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 4th JULY, 2024.

P.C.:- 1) Petitioners i.e. husband and in-laws of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India for quashing of C.C. No.639/PW/2013 pending on the file of Metropolitan Magistrate 15th Court, Mazgaon, Mumbai arising out of C.R. No.222 of 2012, registered with Kalachowki Police Station, Mumbai under Sections 498-A, 406, 120B read with Section 34 of the Indian Penal Code, with consent of Respondent No.2, the informant.

2) Learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 4th July, 2024, duly affirmed before a Notary Public. In the said Affidavit the Respondent No.2 has stated that, the Petitioner 1/2

ssm 22-wp2883.2024.doc No.1 and herself have filed Consent Terms dated 8th May, 2024 in Family Court Appeal Nos.50 of 2024 and 51 of 2024 in this Court, thereby granting a decree of divorce between them. That, in furtherance of the said Consent Terms, she has given her irrevocable consent and no objection for quashing of the said case.

2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 4th July, 2024 and her 'no objection' for quashing of the crime in question. 3) In view thereof, Petition is allowed in terms of prayer clause (b).

( DR. NEELA GOKHALE, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2024.07.18 14:34:32 +0530 SANJIV SHARNAPPA MASHALKAR 2/2