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Bombay High CourtWP/3899/2024allowed

Anmol Jaisinghani S/O Arun Jaisinghani And ORS. v. State Of Maharashtra And ANR.

2024-09-10Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

Gitalaxmi 16-wp-3899-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3899 OF 2024 Anmol Jaisinghani S/o. Arun Jaisinghani & Ors. .....Petitioners Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Pratik Maheshwari a/w Mr. Raj Chourasia i/b KLS Legal for the Petitioners.

Mr. Sukant A. Karmakar, A.P.P. for the Respondent-State. Mr. Deepak Anil Hariasra for Respondent No. 2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 10th SEPTEMBER 2024.

P.C.:- 1) Petitioners i.e. husband, father-in-law, mother-in-law and brother-in-law of Respondent No. 2 respectively, have filed present Petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code for quashing of C. R. No. 468 of 2024 dated 5th June 2024 registered with Malad Police Station, Mumbai for the offence punishable under Sections 498-A, 377, 406, 323, 504 & 506 read with 34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, with the consent of Respondent No. 2, the informant. 2) Learned Advocate for the Petitioners submitted that, Petitioner No. 1 and Respondent No. 2 have executed Memorandum of Understanding 1/2

Gitalaxmi 16-wp-3899-2024.doc (M.O.U.) dated 31st July 2024 regarding settlement between them and withdrawal of the complaint. That, in pursuance of the said M.O.U., the Respondent No. 2 has given her consent for quashing of the present case. He submitted that, in view of the said M.O.U., the crime in question may be quashed with the consent of Respondent No. 2. 3) Learned Advocate for the Respondent No. 2 submitted that, the Respondent No. 2 has already filed on record her Affidavit dated 31st July 2024, duly affirmed before a Notary Public at Indore. It is stated therein that, the Petitioner No. 1 and Respondent No. 2 have settled their disputes and differences amicably and have entered into compromise. In subparagraph of paragraph no. 3 thereof, she has given her no objection for quashing of the crime in question.

3.1) Respondent No. 2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 31st July 2024 and her 'no objection' for quashing of the crime in question. 4) In view of the above, Petition is allowed in terms of prayer clause (a).

(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.09.19 19:23:06 +0530 GITALAXMI KRISHNA KOTAWADEKAR 2/2