Sumitkumar Pal And ORS. v. State Of Maharashtra And ANR.

Osk 20-Wp-3525-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3525 OF 2024 Sumitkumar Pal & Ors.

... Petitioners V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Narendra Dubey for Petitioners.

Ms. Madhavi H. Mhatre, A.P.P. for Respondent Nos.1 & 2-State. Mr. Maheshkumar D. Tiwari for Respondent No.3. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 26th August 2024.

P.C. :

1) Husband, father-in-law, mother-in-law and sister-in-law of Respondent No.3 have filed present Petition under Article 226 of the Constitution of India, for quashing of C.C. No. 3733/PW/2022 pending on the file of the Metropolitan Magistrate (24th Court), Boivali, Mumbai, arising out of C.R. No. 256 of 2022 registered with Charkop Police Station, Mumbai, under Sections 498A, 504, 506 read with 34 of the Indian Penal Code, with the consent of Respondent No.3, the informant. 2) Learned Advocate for Respondent No.3 tendered across the bar her Affidavit dated 25th August 2024 duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.3 has admitted the fact of amicable 1/2

Osk 20-Wp-3525-2024.doc settlement between the parties and filing of Consent Terms in Petition No. A3350 of 2022 before the Family Court at Bandra, Mumbai. In para No.9, she has stated that, in view of the Order of divorce passed by the trial Court, present Petition as prayed for by the Petitioners, be allowed. 2.1) Respondent No.3 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 25th August 2024 and her 'no objection' for quashing of the crime in question. 3) In view of the above, Petition is allowed in terms of prayer clause No.(c).

4) Advocate Mr. Maheshkumar D. Tiwari submitted that, he will file his Vakalatnama in the Registry during the course of the day. Said statement is accepted.

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.08.28 10:46:08 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2