Kunal Vivek Shitole And ORS v. The State Of Maharashtra And ANR

2025:BHC-AS:34723-DB DDR 38. WP 677-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.677 OF 2025 1.

Kunal Vivek Shitole ) 2.

Vivek Shitole ) 3.

Seema Shitole )..Petitioners Vs.

1.

The State Of Maharashtra ) 2.

Devika Kunal Shitole )..Respondents _______________________________ Mr. M. M. Deshpande i/b. Ms. Sapna Krishnappa for Petitioners. Smt. Savita M. Yadav, APP for Respondent No.1-State. Ms. Ruchika Indalkar a/w. Ms. Sanad Desai, Ms. Mrunmayi Kotawadekar for Respondent No.2.

Respondent No.2 present.

Mr. Kalidas Dhaware, PSI, L. T. Marg Police Station, Mumbai. _______________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 4th AUGUST, 2025.

P.C.:- 1) Husband; father-in-law and mother-in-law of the Respondent No.2 have filed this Petition under Article 226 of the Constitution of India, for quashing of C. R. No.692 of 2024, dated 22nd August 2024, registered with L. T. Marg Police Station, Mumbai, under Sections 498-A, 406, 509 read with Section 34 of the Indian Penal Court, with the consent of the Respondent No.2, the informant.

1.1) Learned Advocate for the Petitioners, on instructions submitted 1/2

DDR 38. WP 677-25.doc that, till date the police have not filed charge-sheet in the said crime. The said statement is accepted.

2) Ms. Indalkar, learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 24th June 2025, duly affirmed before a Notary Public. It is stated therein that, the Petitioner No.1 and Respondent No.2 have filed Petition No.F/3762/2024 before the Family Court at Bandra, Mumbai, under Section 13-B of the Hindu Marriage Act, 1955 for dissolution of their marriage with mutual consent and the said Petition is still pending for passing of Decree of divorce. 2.1) It is further stated that, the parties herein have mutually entered into the Consent Terms in order to end all the disputes between them. In Paragraph No.10, the Respondent No.2 has given her no objection for quashing of the crime in question.

2.2) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 24th June 2025 and her 'No Objection' for quashing the crime in question. 3) In view thereof, the Petition is allowed in terms of prayer clause (a).

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 2/2 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 12/08/2025 17:55:40