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Bombay High CourtAPL/898/2024allowed

Shalok Hari Nagpal And ANR v. The State Of Maharashtra And ANR

2024-08-07Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

sns 45- apl-898-2024 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.898 OF 2024 Shalok Hari Nagpal & Anr.

.....Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Amrut M. Vernekar for the Applicants.

Mr. S.A.Karmakar APP, for Respondent No.1-State. Mr. Akhil Kupade, for Respondent No.2.

Mr. Pankaj Hole, Gamdevi Police Station.

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

DATE : 7th AUGUST, 2024.

P.C.:- 1) Applicants, i.e., husband and mother in law of the Respondent No.2 have filed present Application under Section 482 of Cr.P.C., for quashing of Criminal Case No.4000052/PW/17 pending on the file of Additional Chief Metropolitan Magistrate's 40th Court, Girgaum, Mumbai arising out of C.R. No.232 of 2015 dated 23rd November 2015 lodged with Gamdevi Police Station, Mumbai under Sections 498-A, 406 of the Indian Penal Code ('IPC') and under Sections 3 and 4 of the Dowry Prohibition Act,1961 with the consent of Respondent No.2, the informant. 2) Learned Advocate for the Respondent No.2 submitted that, the Applicant No.1 and the Respondent No.2 have executed Consent Terms 1/2

sns 45- apl-898-2024 .doc dated 14th May 2024 in Writ Petition No.11876 of 2019 before the learned Single Judge of this Court. In view of the said Consent Terms, the Respondent No.2 is giving her no objection for quashing of the crime in question. He tendered across the bar her Affidavit dated 19th July 2024 duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement and execution of Consent Terms in Writ Petition No.11876 of 2019 before the learned Single Judge of this Court. In paragraph 10 thereof, she has given her no objection, if the prayers in Application are granted in its entirety. 2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 19th July 2024 and her 'no objection' for quashing of the said case. 3) In view thereof, application is allowed in terms of prayer clause (a).

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

2024.08.12 11:14:48 +0530 SHAMBHAVI NILESH SHIVGAN 2/2