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Bombay High CourtAPL/1072/2024disposed off

Harsh Vinod Gala And ORS v. State Of Maharashtra And ANR

2024-09-19Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

2024:BHC-AS:37663-DB rdg 22-apl-1072-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1072 OF 2024 Harsh Vinod Gala & Ors.

.....Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Prasad S. Panchal with Ms. Neha Rane, for the Applicants. Mr. Vinod Chate APP, for Respondent No.1-State. Ms. Bhoomi Vishwakarma, for Respondent No.2.

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

DATE : 19th SEPTEMBER, 2024.

P.C.:- 1) Husband, mother-in-law and father-in-law of Respondent No.2 have filed present Petition for quashing of the C.C.No.610/PW/2018 pending on the file of learned 5th Metropolitan Magistrate, Dadar, Bhoiwada, arising out of C.R.No.10 of 2017 registered with Dadar Police Station, Mumbai under Sections 498-A, 406 & 324 read with 34 of the Indian Penal Code, with the consent of Respondent No.2, the informant. 2) Learned Advocate for Respondent No.2 submitted that, the Petitioner No.1 and Respondent No.2 have settled their disputes and differences and have filed Consent Terms before the Family Court at Bandra, Mumbai in Petition No.A-464 of 2019. That, in pursuance of the 1/2

rdg 22-apl-1072-2024.doc Consent Terms the Respondent No.2 is giving her consent for quashing of the crime in question. He tendered across the bar an Affidavit of Respondent No.2 dated 19th September 2024 duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement between the parties and in paragraph No.10 thereof, she has given her no objection for quashing of the crime in question. 2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 19th September 2024 and her 'no objection' for quashing of the crime in question.

3) In view thereof, the Petition is allowed in terms of prayer clause (b).

(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 23/09/2024 18:49:48