Yogesh Mohan Kadu And ANR v. State Of Maharashtra

dtg 59-Wp-2824-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2824 OF 2025 Yogesh Mohan Kadu & Anr.

... Petitioners V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Ms. Amisha Lolusare for Petitioners.

Ms. M.M. Deshmukh, A.P.P. for Respondent No.1-State. Mr. Pratik Irapatgire for Respondent No.2.

_______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 22nd July 2025.

P.C. :

1) Husband (Petitioner No.1) and mother-in-law (Petitioner No.2) of Respondent No.2 have invoked jurisdiction of this Court under Article 226 of the Constitution of India, for quashing of R.C.C. No. 3404 of 2021, pending on the file of learned Judicial Magistrate First Class, Shivajinagar Pune, arising out of C.R. No. 61 of 2021, dated 31st March 2021, registered with Alankar Police Station, Pune City, punishable under Sections 498-A, 323 and 504 of the Indian Penal Code (IPC) and Section 4 of the Dowry Prohibition Act, with the consent of Respondent No.2, the informant. 2) Mr. Irapatgire, learned Advocate for Respondent No.2 submitted that, the Respondent No.2 has already filed on record her Affidavit of 1/2

dtg 59-Wp-2824-2025.doc Consent dated 4th May 2025, duly affirmed before a Notary Public. It is stated therein that, she and Petitioner No.1 had filed a Petition for mutual divorce before the Civil Judge Senior Division, Raigad at Panvel and by an Order dated 5th November 2024, their marriage has been dissolved. In para No.7 thereof, she given her no objection for quashing of the present crime. 3) Respondent No.2 is personally present in Court and through her Advocate reiterates the contents of her Affidavit dated 4th May 2025 and her 'No Objection' for quashing of the crime in question. 4) In view thereof, Petition is allowed in terms of prayer clauses (a) and (b).

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