Jitendra Anand Kumar Khubani And ORS v. State Of Maharashtra And ANR
Gitalaxmi 28-wp-3450-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3450 OF 2024 Mr. Jitendra Anand Kumar Khubani & Ors.
.....Petitioners Vs.
The State of Maharashtra & Anr.
.....Respondents Mr. Mukesh Y. Dongarge for the Petitioners.
Mr. Dipak V. Bhalerao for Respondent No. 2.
Mr. Ashish I. Satpute, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.
DATE : 13th AUGUST 2024.
P.C.:- 1) Petitioners i.e. husband, father-in-law, mother-in-law & sisterin-law of Respondent No. 2 respectively, are accused in C. R. No. 1339 of 2023 dated 29th November 2023, registered with Hinjwadi Police Station, Pimpri-Chinchwad, for the offence punishable under Sections 498-A, 323 & 504 read with 34 of the Indian Penal Code, 1860 (I.P.C.), have invoked jurisdiction of this Court under Article 226 of the Constitution of India for quashing of the said crime with the consent of Respondent No. 2, the informant.
1.1) Learned Advocate for the Petitioners on instructions submitted that, till date Police have not filed charge-sheet. The said statement is 1/2
Gitalaxmi 28-wp-3450-2024.doc accepted.
2) Learned Advocate appearing for the Respondent No. 2 tendered across the bar her Affidavit of today's date, duly affirmed before the Assistant Registrar of this Court. It is stated therein that, the parties herein being the close relatives, have arrived at settlement with the intervention of senior members in the family from both the sides and others. In paragraph no. 4 thereof, the Respondent No. 2 has given her consent for quashing of the crime in question. 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 'no objection' for quashing of the crime in question. 3) In view of the amicable settlement between the parties and taking into consideration the fact that the parties herein are inter-se close relatives, we are inclined to quash the C. R. No. 1339 of 2023 dated 29th November 2023, registered with Hinjwadi Police Station, PimpriChinchwad. 4) In view of the above, Petition is allowed in terms of prayer clause (b).
(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:
2024.08.19 18:58:57 +0530 GITALAXMI KRISHNA KOTAWADEKAR 2/2