Chitra Vishal Pawar v. State Of Maharashtra And Ar

dtg 24-Wp-858-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 858 OF 2025 Chitra Vishal Pawar ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Ajit Kenjale a/w Mr. Suraj Bansode i/b Mr. Sohil Gulabani a/w Mr. Sai Rajendra Kadam for Petitioner.

Smt. Prajakta P. Shinde, A.P.P. for Respondent-State. Mr. Nitesh Wable i/b Mr. Umesh Mankapure for Respondent No.2. P.I. P.S. Sanap, Parksite Police Station, Mumbai, present. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 13th August 2025.

P.C. :

1) Leave to amend to incorporate challenge to C.C. No. 1099/PW/2024, pending on the file of learned Additional Chief Judicial Magistrate (31st Court) Vikhroli, Mumbai, in prayer clauses, granted. 1.1) Amendment be carried out forthwith and in any event during the course of the day.

2) By this Petition under Article 226 of the Constitution of India, the Petitioner (wife of Respondent No.2) is seeking quashing of C.C. No. 1099/PW/2024, pending on the file of learned Additional Chief Judicial 1/2

dtg 24-Wp-858-2025.doc Magistrate (31st Court) Vikhroli, Mumbai, arising out of C.R. No. 423 of 2024, dated 28th May 2024, registered with Parksite Police Station, Mumbai, punishable under Sections 406 of the Indian Penal Code (IPC) and Sections 43(b), 43(f) and 66C of the Information and Technology Act, 2000 (I.T. Act), with the consent of Respondent No.2.

3) Mr. Wable, learned counsel appearing for Respondent No.2 submitted that, Petitioner and Respondent No.2 have settled their disputes and differences amicably and have filed Consent Terms in WP No. 3869 of 2024 on 29th January 2025. Order dated 29th January 2025, passed by the learned single Judge of this Court records the same. He submitted that, Respondent No.2 has already filed on record his Affidavit dated 14th February 2025. The fact of amicable settlement and filing of Consent Terms are mentioned in para No.7 of the said Affidavit. In para No.11 thereof, Respondent No.2 has given his no objection for quashing of the present crime.

3.1) Respondent No.2 is personally present in the Court and through his Advocate reiterates the contents of his Affidavit dated 14th February 2025 and his 'No Objection' for quashing of the crime in question. 4) In view of the above, Petition is allowed in terms of prayer clauses (a) and (aa).

( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) 2/2