Bombay High CourtAPL/727/2024allowed

Gaurav Dnyanu Salunke And ORS v. State Of Maharashtra And ANR

2024-09-04Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

sns 22-apl-727-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.727 OF 2024 Gaurav Dnyanu Salunke And Ors.

.....Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Adv. Abdulla B Peerzade And Adv. Toheed F Maniyar, for the Applicants. Mr. Ajay Patil APP, for Respondent No.1-State. Mr. A. Ansari for Respondent No.2.

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

DATE : 4th SEPTEMBER, 2024.

P.C.:- 1) Husband, father-in-law, mother-in-law, sister-in-law, husband of sister-in-law and alleged girl-friend of husband respectively of Respondent No.2, have filed present Application under Section 482 of the Cr.P.C. for quashing of the C.R.No.576 of 2023 registered with Sangvi Police Station, Pimpri-Chinchwad, Pune dated 4th November 2023 for the offences punishable under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code, 1860 ('IPC'), with consent of the Respondent No.2, the informant.

1.1) Learned Advocate for the Applicants submitted that, till date charge sheet is not filed by the Police. The said statement is accepted. 2) Learned Advocate for the Respondent No.2 submitted that, the 1/2

sns 22-apl-727-2024.doc Respondent No.2 has already filed on record an Affidavit dated 8th May 2024 duly affirmed before a Notary Public. In the said Affidavit, it is stated that, the Applicant No.1 and the Respondent No.2 have amicably resolved their disputes out of Court and in paragraph number 5 thereof, she has given her no objection for quashing of the said crime. 2.1) Learned Advocate for the Respondent No.2 submitted that, the Respondent No.2 could not remain present before this Court as she is suffering from ailment relating to food poison. However, she has given authority letter to him to admit the contents of her Affidavit and to give her consent for quashing of the said crime. He tendered across the bar authority letter duly executed on non-judicial stamp-paper of Rs.100 along with a typed authority letter. The same is taken on record. 3) In view of the above, the Application is allowed in terms of prayer clause (a).

(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.09.06 18:16:20 +0530 SHAMBHAVI NILESH SHIVGAN 2/2