Bombay High CourtAPL/647/2024allowed

Shekhar Sanjay Godse And ORS. v. State Of Maharashtra And ORS.

2024-07-04Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

ssm 10-apl647.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 647 OF 2024 Shekhar Sanjay Godse & Ors.

.....Applicants Vs.

The State Of Maharashtra & Ors.

.....Respondents Adv. Sandeep Mishra i/by Adv. Baliram Pandey for the Applicants. Mr. V. A. Kulkarni APP, for the Respondent-State. Adv. Swatesh Tripathi for the Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 4th JULY, 2024.

P.C.:- 1) Applicants i.e. husband, father-in-law, mother-in-law, brothersin-law respectively of Respondent No.2, have filed present Application under Section 482 of the Code of Criminal Procedure for quashing of C.R. No.0136 of2023 dated 15th June, 2023, registered with Badlapur Police Station, District Thane under Section 498-A read with Section 34 of the Indian Penal Code, with consent of Respondent No.2, the informant. 1.1) Learned Advocate for the Applicants submitted that, till date the police have not filed charge-sheet. The said statement is accepted. 2) Learned Advocate for the Respondent No.2 tendered across the bar her consent Affidavit dated 4th July, 2024, duly affirmed before a Notary Public. Respondent No.2 therein has stated that, the Applicant No.1 and 1/2

ssm 10-apl647.2024.doc Respondent No.2 have executed Consent Terms for divorce before the Family Court at Thane. That, in pursuance of the said Consent Terms, she has given her no objection and is withdrawing the said FIR by filing present Affidavit. In paragraph No.9 thereof, she has given her no objection for quashing of the crime in question.

3) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 4th July, 2024 and her 'no objection' for quashing of 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.) SANJIV SHARNAPPA MASHALKAR Date: 2024.07.18 14:31:45 +0530 SANJIV SHARNAPPA MASHALKAR 2/2