Mehul Mahendra Vora And ORS v. State Of Maharashtra And ANR

2024:BHC-AS:25208-DB rdg 10-apl-772-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.772 OF 2024 Mehul Mahendra Vora & Ors.

.....Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Pritam P. Runwal with Mr. Anil B. Khopade, for the Applicants. Smt. M. H. Mhatre, APP, for Respondent No.1-State. Mr. Shivraj Kunchge, for Respondent No.2.

Mr. Vinayak Jadhav, API, Naya Nagar Police Station is present. CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.

DATE : 24th JUNE, 2024.

P.C.:- 1) Leave to amend to incorporate challenge to R.C.C.No.561 of 2023 pending on the file of 11th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Thane arising out of C.R.No. 693 of 2021 registered with Naya Nagar Police Station, Mira-Bhaynder, Vasai-Virar is granted. Amendment be carried out forthwith and in any event, during the course of the day.

2) Applicants, i.e., husband, mother-in-law, father-in-law, and brother-in-law respectively 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.561 of 2023 pending on the file of 11th Joint Civil Judge Junior Division and Judicial Magistrate First Class, Thane arising out 1/2

rdg 10-apl-772-2024.doc of C.R.No. 693 of 2021 registered with Naya Nagar Police Station, MiraBhaynder, Vasai-Virar Police Commissionerate for the offenses punishable under Sections 498-A, 406, 313, 504, 506 read with Section 34 of the Indian Penal Code and under Sections 3,4 and 5 of the Dowry Prohibition Act, 1961, with the consent of Respondent No.2, the informant. 3) Learned Advocate appearing for Respondent No.2 tendered across the bar her Affidavit dated 24th February 2024 duly affirmed before the Assistant Registrar of this Court. In paragraph 4 thereof, it is stated that, the disputes between her and the Applicants have been amicably resolved due to the intervention of the well-wishers, relatives and family friends and accordingly they have filed the Consent Terms dated 16th April 2024 before the learned Single Judge of this Court in Criminal Writ Petition (L) No.18302 of 2023. In paragraph No.6 thereof, she has given her no objection for quashing of the said case.

3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 24th June 2024 and her 'no objection' for quashing of the said case. 4) In view thereof, the Application is allowed in terms of prayer clause (a) and amended prayer clause (a1) (DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 28/06/2024 13:39:59