Vijay Munnalal Gupta And ORS v. The State Of Maharashtra And ANR

Talwalkar 19.WP.3119.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3119 OF 2024 Vijay Munnalal Gupta and ors.

.....Petitioners Vs.

The State Of Maharashtra and anr.

.....Respondents Mr. Jagdishprasad C. Nadimint i/b. Ms. Anjali Talreja, Advocate for the Petitioners.

Smt. Anamika Malhotra Addl. PP, for the Respondent-State. Mr. Raj Chourasia, Advocate for Respondent No. 2. Mrs. Soni Vijay Gupta @ Soni Pyarelal Gupta, Respondent No.2 present in person.

CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 9th AUGUST, 2024.

P.C.:- 1) The husband and in-laws of the Respondent No. 2 have filed present Petition under Article 226 of the Constitution of India for quashing of R.C.C No. 414 of 2021 pending on the file of Judicial Magistrate First Class, Kalyan, District Thane, arising out of C.R. No. I-82/2020 dated 25th February 2020 registered with the Kolsewadi Police Station, District Thane, for the offences punishable under Section 498(A), 323, 504, 506 read with Section 34 of the Indian Penal Code, with the consent of Respondent No.2, 1/2

Talwalkar 19.WP.3119.2024.doc the victim.

2) Learned Advocate for the Respondent No. 2 submitted that the Respondent No. 2 has already filed on record an Affidavit dated 24th July 2024 duly affirmed before a Notary Public. In paragraph-10 thereof, she has given her irrevocable consent to quash the present crime. 2.1) Respondent No. 2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 24th July 2024 and her 'no objection' for quashing of the present crime. 3) In view of the above, Petition is allowed in terms of prayer clause (b). (DR. NEELA GOKHALE, J.) (A.S. GADKARI, J.) ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.08.14 18:18:43 +0530 2/2