Alpesh Kaushik Shah And ORS v. State Of Maharashtra And ANR

rsk 49-WP-3275-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3275 OF 2025 Alpesh Kaushik Shah & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Ms. Kavita P. Nadar for all Petitioners.

Smt. Savita M. Yadav, A.P. P. for Respondent No.1-State. Ms. Ashwini Bait for Respondent No.2.

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

DATE : 25th June 2025.

P.C. :

1) By this petition under Article 226 of Constitution of India husband and in-laws of Respondent No.2 are seeking quashing of C. C. No. PW/525/2024, pending on the file of 26th Additional Chief Metropolitan Magistrate, Borivali, Mumbai arising out of C. R. No.544 of 2023 registered with Borivali Police station under Sections 498A, 323, 504 and 34 of Indian Penal Code, with the consent of Respondent No.2, the informant. 2) Learned Advocate for the Petitioners submitted that Petitioner No.1 will pay entire alimony of Rs. Seven Lakhs one thousand to 1/2

rsk 49-WP-3275-2025.doc Respondent No.2 after quashing of the said case without any demur or protest in that behalf. The said statement is accepted as an undertaking given to this Court.

3) Learned Advocate for Respondent No.2 submitted that the Respondent No.2 has filed an Affidavit and 'No Objection' dated 12th June 2025 on record. It is stated therein that the Petitioners and Respondent No.2 have settled the matter amicably and she has received the compensation. It is stated that the permanent alimony is already deposited in the Registry of the Family Court. In paragraph (e) Respondent No.2 has given 'No Objection' for quashing of the said case.

4) Respondent No.2 is personally present in the Court and through her advocate reiterates the contents of her Affidavit dated 12th June 2025 and her 'No Objection' for quashing of the crime in question. 5) In view thereof, Petition is allowed in terms of prayer clause (a). ( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) 2/2