Bombay High CourtWP/3335/2024allowed

Ashish Gulabchand Gupta And ORS. v. State Of Maharashtra And ANR.

2024-08-07Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

sns 19-wp-3335-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3335 OF 2024 Ashish Gulabchand Gupta & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Deepak Salvi, with Mr. Viraj Tiwari, Mr. Abhimanyu Yadav, for the Petitioners.

Smt. Madhavi H. Mhatre, APP, for Respondent No.1-State. Ms. Deepa Panicker with Mr. Sanjay Chaturvedi, Ms. Supriya Chaturvedi and Ms. Diksha Gupta, for Respondent No.2.

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

DATE : 7th AUGUST, 2024.

P.C.:- 1) Petitioners, i.e., husband, mother-in-law, father-in-law, brotherin-law, sisters-in-law of the Respondent No.2 respectively, have filed present Petition under Article 226 of the Constitution of India for quashing of C.C.No.1018/PW/2023 pending on the file of Metropolitan Magistrate, 24th Court, Borivali, Mumbai arising out of C.R.No.841 of 2022 dated 8th September 2022 registered with Charkop Police Station, Mumbai under Sections 498-A, 406, 354, 323, 504, 506 read with 34 of the Indian Penal Code (IPC) and under Sections 3, 4 of the Dowry Prohibition Act, 1961 with the consent of Respondent No.2, the informant. 1/2

sns 19-wp-3335-2024.doc 2) Learned Advocate for the Respondent No.2 submitted that, Petitioners and the Respondent No.2 have settled their disputes and differences amicably and have executed Consent Terms dated 23rd April 2024 annexed at Exhibit 'B' (Page 76 of the Petition). 2.1) Learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 13th July 2024 duly affirmed before a Notary Public. Respondent No.2, therein has admitted the fact of execution of Consent Terms and in paragraph 10 thereof she has given her no objection for quashing of present case.

2.2) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of the Consent Terms dated 23rd April 2024 and her Affidavit dated 13th July 2024 and her 'no objection' for quashing of the case in question.

3) In view thereof, Petition is allowed in terms of prayer clause (a).

(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.08.12 14:38:26 +0530 SHAMBHAVI NILESH SHIVGAN 2/2