Bombay High CourtWP/3312/2024allowed

Abhay Ramjanam Singh And ORS v. State Of Maharashtra And ANR

2024-08-05Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

Gitalaxmi Corrected-26-wp-3312-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3312 OF 2024 Mr. Abhay Ramjanam Singh & Ors.

.....Petitioners Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Manoj Singh for the Petitioners.

Smt. Anamika Malhotra, Addl.P.P. for the Respondent-State. Mr. Sushil Upadhyay for Respondent No. 2 CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 5th AUGUST 2024.

P.C.:- 1) Petitioners i.e. husband, father-in-law and mother-in-law of Respondent No. 2 respectively, have filed present Petition invoking jurisdiction of this Court under Article 226 of the Constitution of India, for quashing of C.C. No. 2951/PW/2022 pending on the file of learned Metropolitan Magistrate, 51st Court at Kurla, Mumbai, arising out of C. R. No. 294 of 2021 dated 12th May 2021 registered with Kurla Police Station, Mumbai for the offence punishable under Sections 313, 498(A), 406, 504 & 506 read with 34 of the Indian Penal Code, 1860, with the consent of Respondent No. 2, the informant.

2) Mr. Sushil Upadhyay, learned Advocate appearing for the 1/2 This Order is modified/corrected pursuant to the Speaking to Minutes of Order dated 20th August 2024.

Gitalaxmi Corrected-26-wp-3312-2024.doc Respondent No. 2 tendered across the bar her Affidavit of today's date, duly affirmed before a Notary Public. In paragraph no. 3 thereof, the Respondent No. 2 has admitted the fact of amicable settlement between the parties on mutually agreed terms. In paragraph no. 4 thereof, she has given her consent for quashing the said case against the Petitioners. 2.1) Respondent No. 2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit of today's date and her 'no objection' for quashing the said case pending against the Petitioners.

3) In view of the above, Petition is allowed in terms of prayer clause (A).

4) Advocate Mr. Upadhyay undertakes to file his vakalatnama on record within a period of one week from today. (DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.09.03 10:28:55 +0530 GITALAXMI KRISHNA KOTAWADEKAR 2/2 This Order is modified/corrected pursuant to the Speaking to Minutes of Order dated 20th August 2024.