Sharmila Maddhesiya And ANR v. State Of Maharashtra And ANR

2025:BHC-AS:30448-DB DDR 15. WP 3828-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3828 OF 2025 Sharmila Maddhesiya & Ors.

..Petitioners Vs.

The State Of Maharashtra & Anr.

..Respondents _______________________________ Adv. Gayatri Gokhale a/w. Adv. Sneha Jethwa, Adv. Zainba Abdi for Petitioners.

Mr. Ashish I. Satpute, APP for Respondent No.1-State. Adv. Ajinkya Palav for Respondent No.2.

Respondent No.2 present in person.

Mr. Raju Chavan, API, Sakinaka Police Station, Mumbai. _______________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 15th July, 2025.

P.C.:- 1) Petitioners i.e. mother-in-law (Petitioner No.1); father-in-law (Petitioner No.2) and husband (Petitioner No.3) of the Respondent No.2 have filed this Petition under Article 226 of the Constitution of India, for quashing of C.C. No.1219/PW/2024, pending on the file of the Judicial Magistrate First Class (Court No.66), Andheri, Mumbai, arising out of C.R. No.18 of 2024, registered with Sakinaka Police Station, Mumbai, dated 4th January 2024, under Sections 498-A, 377, 323, 504, 506 read with 34 of 1/2

DDR 15. WP 3828-25.doc the Indian Penal Code, with the consent of the Respondent No.2, the informant.

2) Mr. Palav, learned Advocate appearing for the Respondent No.2 tendered across the Bar her Affidavit dated 15th July 2025, duly affirmed before a Notary Public. It is stated therein that, the Petitioner No.3 and Respondent No.2 have jointly filed Consent Terms in Petition No. "A" 2706 of 2024 before the Family Court at Bandra, Mumbai. That, in view of the said amicable settlement between the parties, the Respondent No.2 has no objection for quashing of the said crime. In Paragraph No.7 thereof, the Respondent No.2 has given her consent to quash the said crime and has stated that, she has no grievance/complaint against the Petitioners. It is further stated in Paragraph No. 9 that, she is filing present Affidavit on her own free will, without any force, pressure, coercion, undue influence or inducement from the Petitioners and/or their family members or any other person (s) of any manner whatsoever.

2.1) The Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 15th July 2025 and her 'No Objection' for quashing of the crime in question. 3) In view thereof, Petition is allowed in terms of prayer clause (B). (RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 2/2 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 22/07/2025 19:25:10