Jitesh Parshuram Pawar And ORS v. State Of Maharashtra And ANR
2024:BHC-AS:27169-DB rdg 20-apl-711-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 711 OF 2024 Jitesh Parshuram Pawar & Ors.
.....Applicants Vs.
The State Of Maharashtra & Anr.
.....Respondents Mr. B. H. Goswami for the Applicants.
Mr. Vinod Chate APP, for Respondent No.1-State. Smt. Prabha Badadare, for Respondent No.2.
CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.
DATE : 5th JULY, 2024.
P.C.:- 1) Leave to amend to correct name of police station in the prayer clause granted. Amendment be carried out forthwith. 2) Husband, mother-in-law and brother-in-law of Respondent No.2 have filed the present Application under Section 482 of the Code of Criminal Procedure for quashing of R.C.C.No.2347 of 2019 pending on the file of learned Chief Judicial Magistrate, Thane arising out of C.R.No.I-195 of 2019 dated 20th April 2019, registered with Kalwa Police Station, District Thane, under Sections 498-A, 406, 323, 504 and 506 read with Section 34 of the Indian Penal Code with the consent of Respondent No.2, i.e., the wife of Petitioner No.1.
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rdg 20-apl-711-2024.doc 3) Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 21st June 2024 duly affirmed before the Notary Public. In the said Affidavit, the Respondent No.2 has admitted that, the Applicant No.1 and herself have filed Marriage Petition No.F-148 of 2019 before the Family Court at Thane. That, on 2nd February 2024 she and Applicant No.1 executed Consent Terms and have submitted it before the Family Court. In paragraph 8 thereof, she has given her no objection for quashing of the crime in question.
3.1) Respondent No.1 is personally present in Court and through her Advocate reiterates the contents of her Affidavit dated 21st Just 2024 and her 'no objection' for quashing of the crime in question. 4) In view of the above, Application is allowed in terms of prayer clause (a).
(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 11/07/2024 13:16:54