Arpan Hemant Vishwakarma And ORS v. State Of Maharashtra And ANR

2024:BHC-AS:25207-DB rdg 9-apl-458-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.458 OF 2024 Arpan Hemant Vishwakarma & Ors.

.....Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Parag Mishra, for the Applicants.

Smt. Anamika Malhotra, Addl.PP, for Respondent No.1-State. Mr. K. H. C. for Respondent No.2.

CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.

DATE : 24th JUNE, 2024.

P.C.:- 1) Petitioners, i.e., husband and in-laws of Respondent No.2 have filed present Application under Section 482 of the Code of Criminal Procedure for quashing of R.C.C.No. 1473 of 2022 pending on the file of 4th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Vasai arising out of C.R.No. 1371 of 2021 registered with Waliv Police Station, District Palghar for the offenses punishable under Sections 498-A, 406, 504, 506 read with Section 34 of the Indian Penal Code with the consent of Respondent No.2.

2) Respondent No.2 has filed Affidavit dated 29th February 2024 duly affirmed before a Notary Public. In paragraph No.2 thereof, she has 1/2

rdg 9-apl-458-2024.doc stated that, the matrimonial discord between her and the Applicant No.1 has been resolved amicably and accordingly they have jointly filed Consent Terms dated 2nd February 2024 in Domestic Violence Application No. 9/DV/2022 before the trial Court at Vasai, Palghar. In Paragraph No.5 thereof, she has given her consent for quashing of the said case. 2.1) Respondent No.2 is personally present in Court and through her Advocate reiterates the contents of her Affidavit dated 29th February 2024 and her 'no objection' for quashing of the crime in question. 3) In view thereof, Application is allowed in terms of prayer clause (b).

(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 28/06/2024 13:38:46