Bombay High CourtAPL/551/2024allowed

Aditya Pandurang Kate And ANR v. Ruchika Aditya Kate And ORS

2024-05-07Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Shyam C. Chandak2 pages

H. C. Shiv 42.apl551.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.551 OF 2024 Aditya Pandurang Kate & Ors.

.. Applicants vs.

Ruchika Aditya Kate & Anr.

.. Respondents Mr. Dinesh Adsule with Vijaykumar Dhakane, Vijay Arora for the Applicants. Mr. Suraj V. Gadkari for the Respondent No.1. Mr. Anand Shalgaonkar APP for the Respondent-State. CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 7th MAY 2024 P. C.:- 1) The husband (Applicant No.1); sister in law (Applicant No.2); and brother in law (Applicant No.3) of the Respondent No.1 have filed present Application under Section 482 of the Cr.P.C. for quashing of the F.IR. bearing C.R.No.221 of 2022, dated 25th May 2022, registered with Sangvi Police Station, Pimpri Chinchwad, Pune, under Sections 498-A, 420, 406, 316 read with 34 of I.P.C., with the consent of Respondent No.1, first informant.

2) Mr.Adsule, learned Advocate for the Applicants submitted that, till date the police have not filed charge sheet in the case. 2.1) He submitted that the Applicants and Respondent No.1 have settled their dispute amicably and the Respondent No.1 has now given her 1/2

H. C. Shiv 42.apl551.24.doc consent for quashing the crime in question.

3) Learned Advocate for the Respondent No.1 tendered across the bar her Affidavit dated 20th April 2024 duly affirmed before a Notary Public. In the said Affidavit, she has stated that, the Applicant No.1 and she have agreed for divorce by mutual consent and have filed Petition under Section 13(1)(d) of the Hindu Marriage Act, before the Family Court at Pune. That she has no objection for quashing of the present crime. 3.1) The Respondent No.1 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 20th April 2024 and her 'no objection' for quashing the said crime. 4) In view thereof, the Application is allowed in terms of prayer clause (b).

(SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2