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Bombay High CourtAPL/540/2024allowed

Sanjay Gajanan Mhalas And ANR v. The State Of Maharashtra And ANR

2024-06-21Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

RVC 36 Apl-540-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 540 OF 2024 Sanjay Gajanan Mhalas & Anr.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Vaibhav Gaikwad a/w Raviraj Paramane and Deva Shinde for Applicants. Mr. V.A. Kulkarni, A.P.P. for Respondent No.1-State. Ms. Amita Chaware for Respondent No.2.

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

DATE : 21st June 2024.

P.C. :

(1) Applicant No.1 is husband of Respondent No.2 and Applicant No.2 is the person, who acted as mediator in settling the marriage of Applicant No.1 with Respondent No.2. Applicants have filed present Application for quashing R.C.C. No.932 of 2012 pending on the file of Judicial Magistrate First Class, Nashik, arising out of C.R. No.I-132 of 2012 under Sections 493, 494, 495, 498-A, 323, 504, 506 read with 34 of Indian Penal Code, registered with Gangapur Police Station, Nashik,with the consent of Respondent No2.

(2) Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 21st June 2024, duly affirmed before a Notary Public. It is stated therein that, Respondent No.2 has settled her dispute and differences 1/2

RVC 36 Apl-540-2024.doc with the Applicants amicably. That, she withdrew her allegations made in the F.I.R. against the Applicants. In para No.4 thereof, she has stated that, she has no objection, if the said crime is quashed and the prayers made by the Applicants in the Application are granted by this Court. (2.1) Respondent No.2 is personally present in Court and through her Advocate, reiterates the contents of her Affidavit dated 21st June, 2024 and her 'no objection' for quashing the crime in question. (4) In view thereof, Application is allowed in terms of prayer clause (a).

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.06.28 16:56:11 +0530 RAJESH VASANT CHITTEWAN 2/2