Mahesh Kumar Singh And ORS. v. State Of Maharashtra And ANR.

RVC 21 Wp-3406-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3406 OF 2024 1.

Mahesh Kumar Singh 2.

Ratan Keshar Singh 3.

Nanda Ratan Singh 4.

Snehlata Harish Singh 5.

Dirkha Lal Singh ... Petitioners V/s.

1.

The State of Maharashtra 2.

Nisha Singh ... Respondents Ms. Swapna P. Kode a/w Ms. Metha Pathak for Petitioners. Smt. M.H. Mhatre, A.P.P. for Respondent No.1-State. Ms. Archana Dukhande for Respondent No.2.

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

DATE : 12th August 2024.

P.C. :

1) Husband (Petitioner No.1), father-in-law (Petitioner No.2), mother-in-law (Petitioner No.3.), sister-in-law (Petitioner No.4.) and uncle of husband (Respondent No.5) of Respondent No.2, respectively, have filed present Petitioner under Article 226 of the Constitution of India for quashing of Session Case No.652 of 2023 pending on the file of the Additional Sessions Judge, Mumbai (Court No.35), arising out of C.R. No.130 of 2019 registered with Ghatkoper Police Station, Mumbai, under Sections 498-A, 1/2

RVC 21 Wp-3406-2024.doc 313, 323, 406, 506 read with Section 34 of the Indian Penal Code, with consent of Respondent No.2, the informant.

2) Learned Advocate for Respondent No.2 submitted that, Respondent No.2 and Petitioner No.1 have filed Consent Terms before the Family Court, Bandra, Mumbai and have amicably settled their disputes and differences. She submitted that, in pursuance of the said Consent Terms, Respondent No.2 is giving her consent for quashing of the said case. 2.1) Learned Advocate for Respondent No.2 tendered across the bar, Affidavit of Respondent No.2 dated 30th July 2024, duly affirmed before a Notary Public. In para-5 thereof, the Respondent No.2 has admitted the fact of amicable settlement between herself and the Petitioners and has given her no objection for quashing of the said Session Case No.652 of 2023 pending on the file of the Additional Sessions Judge, Mumbai (Court No.35). 2.2) Respondent No.

2 is personally present in the Court and through her Advocate, reiterates the contents of her Affidavit dated 30th July 2024 and her 'no objection' for quashing of the Session Case No.652 of 2023 pending on the file of the Additional Sessions Judge, Mumbai (Court No.35). 3) In view thereof, Petition is allowed in terms of prayer clause (a). ( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.08.