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Bombay High CourtWP/2830/2025allowed

Sanket Prabhakar Chavan v. State Of Maharashtra And ANR

2025-06-30Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Rajesh S. Patil2 pages

2025:BHC-AS:28612-DB DDR 8. WP 2830-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2830 OF 2025 Sanket Prabhakar Chavan ..Petitioner Vs.

The State Of Maharashtra & Anr.

..Respondents _______________________________ Mr. Rahul Gada for Petitioner.

Mr. Ashish Satpute, APP for Respondent No.1-State. Mr. Prathamesh Mandal for Respondent No.2.

Respondent No.2 present.

Mr. Prakash Balfewad, PSI, Meghwadi Police Station, Mumbai. _______________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 30th JUNE, 2025.

P.C.:- 1) Husband of Respondent No.2 has invoked jurisdiction of this Court, under Article 226 of Constitution of India for quashing of C. C. No.1092/PW/2024 pending on the file of Judicial Magistrate First Class, Railway Mobile Court, Andheri, Mumbai, arising out of C. R. No. 0423 of 2023 registered with Meghwadi Police Station, Mumbai, dated 6th December 2023, for offences punishable under Sections 498-A and 406 of the Indian Penal Code, with the consent of Respondent No.2, the informant. 2) Learned Advocate for Respondent No.2 submitted that, Petitioner and Respondent No.2 have settled their disputes and differences amicably and have filed a Petition for divorce by mutual consent before the 1/2

DDR 8. WP 2830-25.doc Family Court at Bandra, Mumbai, bearing Petition No. F - 2976 of 2024. As per the terms and conditions of the Consent Terms filed therein, present Petition is filed for quashing of the crime in question. He submitted that, Respondent No.2 has also filed an Affidavit dated 15th April 2025, duly affirmed before a Notary Public, in the present proceedings. That, the said Affidavit is on record at Page No.47. He submitted that, in the said Affidavit, Respondent No.2 has stated the fact of filing of Petition before the Family Court at Bandra, Mumbai and has given her no objection for quashing of present crime.

2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 15th April 2025 and her 'No Objection' for quashing of the said case. 3) In view thereof, Petition is allowed in terms of prayer Clauses (b) and (c).

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 2/2 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 14/07/2025 14:34:58