Bombay High CourtWP/3363/2025allowed

Girish Manohar Deshmukh And ORS v. State Of Maharashtra And ANR

2025-07-16Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Rajesh S. Patil2 pages

ssm 1 51-wp3363.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3363 OF 2025 Girish Manohar Deshmukh & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents _____________________________________ Ms. Preeti Walimbe a/w Adv. Vaishnavi Nagargoje for the Petitioners. Smt. Prajakta P. Shinde APP, for the Respondent-State. Mr. Nagesh S. Khedekar a/w Adv. Tughar Dhurande for the Respondent No.2.

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

DATE : 16th JULY, 2025.

P.C.:- 1) Husband (Petitioner No.1), mother-in-law (Petitioner No.2) and brother-in-law (Petitioner No.3) of Respondent No.2, have filed this Petition under Article 226 of the Constitution of India, for quashing of Criminal Case No.2298 of 2025, pending on the file of 4th Joint CJJD & JMFC, Pune, arising out of C.R. No.I-476 of 2024, dated 11th June, 2024, registered with Bharati Vidyapeeth Police Station, Pune City under Sections 498(A), 323, 342, 504 and 506 read with Section 34 of the Indian Penal Code, with the consent of Respondent No.2, the informant. 1/2

ssm 2 51-wp3363.2025.doc 2) Learned Advocate Mr. Khedekar appearing for Respondent No.2 tendered across the bar an Affidavit dated 27th June, 2025 of Respondent No.2, duly affirmed before a Notary Public. It is stated therein that, Petitioner No.1 and Respondent No.2 have decided to dissolve their marriage by way of filing Divorce Petition by mutual consent under Hindu Marriage Act and have also decided to withdraw the litigation against each other. In paragraph No.4 thereof, Respondent No.2 has given her unequivocal consent for quashing of the present crime. 2.1) Though the Respondent No.2 is not personally present in the Court, Mr. Khedekar, learned Advocate on instructions submitted that, the Respondent No.2 has given him authority to admit the contents of her Affidavit dated 27th June, 2025 and her 'No Objection' for quashing of the crime in question.

3) In view thereof, Petition is allowed in terms of prayer clause (a).

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2025.07.23 18:08:05 +0530 SANJIV SHARNAPPA MASHALKAR 2/2