Rahul Suresh Gosar And ORS v. State Of Maharashtra And ANR

RVC 23 Wp-3416-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3416 OF 2024 1.

Mr. Rahul Suresh Gosar 2.

Mr. Suresh Murji Gosar 3.

Mrs. Manjula Suresh Gosar 4.

Mr. Nirav Suresh Gosar 5.

Mrs. Meenal Nirav Gosar ... Petitioners V/s.

1.

The State of Maharashtra 2.

Mrs. Rupal Rahul Gosar ... Respondents Mr. Pawan Mali for Petitioners.

Mr. Vinod Chate, A.P.P. for Respondent No.1-State. Mr. Raghvendr B. Kulkarni for Respondent No.2. Asst.Police Inspector-Ms. Sarita Latwadekar, Mulund Police Station, Mumbai. 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), brother-in-law (Petitioner No.4.) and sisterin-law i.e. wife of Respondent No.4 (Petitioner No.5) of Respondent No.2, respectively have filed present Petition under Article 226 of the Constitution of India, for quashing of C.C. No.451/PW/2023, pending on the file of Metropolitan Magistrate, 27th Court, Mulund, Mumbai, arising out of C.R. 1/2

RVC 23 Wp-3416-2024.doc No.19 of 2022 dated 15th January 2022, registered with Mulund Police Station, Mumbai, under Sections 498-A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code.

2) Mr. Mali, learned Advocate appearing for the Petitioners submitted that, the disputes and differences between the Petitioners and Respondent No.2 have been amicably resolved and Petitioner No.1 and Respondent No.2 have started cohabiting together for last about four months.

2.1) Learned Advocate for Respondent No.2, tendered across the bar hear Affidavit dated 6th July 2024, duly affirmed before a Notary Public. In the said Affidavit, the fact of amicable settlement between the parties and restitution of cohabitation has been stated. In para No.11 thereof, Respondent No.2 has given her no objection for quashing of the crime in question.

2.2) Respondent No.2 is personally present in Court and through her Advocate, reiterates the contents of her Affidavit dated 6th July 2024 and her 'no objection' for quashing of the crime in question. 3) In view thereof, the Petition is allowed in terms of prayer clause (B).

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.08.20 12:10:37 +0530 RAJESH VASANT CHITTEWAN 2/2