Kishore Ravichandran Iyengar And ANR v. State Of Maharashtra And ANR

Osk 24-Apl-376-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 376 OF 2024 Kishore Ravichandran Iyengar & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Omkar Nagwekar for Applicants.

Ms. Madhavi H. Mhatre, A.P.P. for Respondent No.1-State. Mr. Rajendra K. Vaingankar for Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 30th September 2024.

P.C. :

1) Husband, brother-in-law, father-in-law and mother-in-law of Respondent No.2 respectively, have filed present Petition under Section 482 of Cr.P.C. for quashing of CC No. 1347/PW/2019 pending on the file of learned Additional Chief Metropolitan Magistrate, (9th Court), Bandra, Mumbai, arising out of CR No. 476 of 2018 dated 4th December 2018 registered with Mahim Police Station, Mumbai, under Section 498A, 406, 323, 504 read with 34 of Indian Penal Code, with the consent of Respondent No.2, the informant.

2) Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 30th September 2024 duly affirmed before the Assistant 1/2

Osk 24-Apl-376-2024.doc Registrar of this Court. It is stated therein that, the Petitioner No.1 and Respondent No.2 had filed Marriage Suit No. 1530 of 2021 under Section 13(B) of the Hindu Marriage Act before the Family Court at Ahmedabad and the learned Family Court has passed decree of dissolution of marriage between them. That, in view of clause No.4(j) of the Marriage Petition, she is filing this Affidavit to give consent to quash the said case. In para No.9 thereof, she has given her 'no objection' for grant of relief as prayed for in the Application.

2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 30th September 2024 and her 'no objection' for quashing the said case. 3) In view thereof, Application is allowed in terms of terms of prayer clause (b).

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

2024.10.05 11:06:05 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2