Bindeshwari Ramkewal Chauhan And ORS. v. State Of Maharashtra And ORS.

RVC 46 Apl-955-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 955 OF 2024 1.

Mr. Bindeshwari Ramkewal Chauhan 2.

Mr. Ramkewal Ramprasad Chauhan 3.

Smt. Urmila Lalthaparshad Chavhan 4.

Mr. Ravi Lalthaparshad Chavhan 5.

Mr. Sujeet Lalthaparshad Chauhan 6.

Mr. Jagdish R. Chauhan 7.

Mr. Kunwarsingh Mhangu Chauhan ... Applicants V/s.

1.

The State of Maharashtra 2.

Sr. Police Inspector 3.

Mrs. Meera Bindeshwari Chauhan ... Respondents Mr. Raj Kumar N. Bhawsar for Applicants.

Ms. Mahalakshmi Ganpathy, A.P.P. for Respondent No.1. Mr. Sandeep Dhangar for Respondent No.3.

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

DATE : 3rd October 2024.

P.C. :

1) Husband (Applicant No.1), father-in-law (Applicant No.2), sister-in-law (Applicant No.3), sons of Applicant No.3 (Applicant Nos.4 and 5), brother-in-law (Applicant No.6) and cousin of Applicant No.1 (Applicant No.7), respectively of Respondent No.3, have filed present Application under Section 482 of Cr.P.C. for quashing of C.R. No.347 of 2024, 1/2

RVC 46 Apl-955-2024.doc registered Malad Police Station, Malad (West), Mumbai, under Sections 498A, 323, 406, 504, 506, 509 read with Section 34 of I.P.C., with the consent of Respondent No.3, the informant.

1.1) Learned Advocate for the Applicants on instructions, submitted that, till today Chargesheet is not filed in the present crime. The said statement is accepted.

2) Learned Advocate for Respondent No.3 tendered across the bar an Affidavit dated 3rd October 2024, duly affirmed before a Notary Public. In the said Affidavit, Respondent No.3 has admitted the fact of amicable settlement between Applicant No.1 and herself and filing of proceeding for divorce by mutual consent before the Family Court at Bandra, Mumbai. In para No.4 thereof, she has given her consent to quash the said C.R. No.347 of 2024, registered with Malad Police Station, Mumbai. 2.1) Respondent No.3 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 3rd October 2024 and her 'no objection' for quashing of the crime in question. 3) In view thereof, the Application is allowed in terms of prayer Clause (a).

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) by RAJESH VASANT CHITTEWAN Date: 2024.10.08 10:34:40 +0530 RAJESH VASANT CHITTEWAN 2/2