Hrushikesh Kewal Khairnar And ORS v. State Of Maharashtra And ANR

2025:BHC-AS:34721-DB DDR 14. WP 3956-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3956 OF 2025 1.

Hrushikesh Kewal Khairnar ) 2.

Mrs. Jayashree Kewal Khairnar ) 3.

Nikhil Kewal Khairnar ) 4.

Mrs. Tanmai Nikhil Khairnar ) 5.

Akash Bhila Wagh ) 6.

Sagar Bhila Wagh )..Petitioners Vs.

1.

The State Of Maharashtra ) 2.

Abolee Chaitram Pawar )..Respondents _______________________________ Mrs. Varsha Pichaya i/b. Mr. Sachin S. Padaye for Petitioners. Smt. M. M. Deshmukh, APP for Respondent No.1-State. Mr. Abhijeet Khade for Respondent No.2.

Respondent No.2 present.

Mr. B. R. Jadhav, ASI, Adgaon Police Station, Nashik City. _______________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 4th AUGUST, 2025.

P.C.:- 1) Husband (Petitioner No.1) ; mother-in-law (Petitioner No.2), brother-in-law (Petitioner No.3); wife of the Petitioner No.3 (Petitioner No.4) and maternal uncles of Petitioner No.1 (Petitioner Nos. 5 and 6) have 1/2

DDR 14. WP 3956-25.doc filed this Petition under Article 226 of the Constitution of India, for quashing of R.C.C. No.992 of 2024, pending on the file of the Judicial Magistrate First Class (Court No.8), Nashik, arising out of C.R.No.26 of 2024, dated 1/2/2024, registered with Adagaon Police Station, Nashik, for the offences punishable under Sections 498-A read with 34 of the Indian Penal Code, with the consent of the Respondent No.2, the informant. 2) Learned Advocate appearing for the Respondent No.2 submitted that, the Respondent No.2 has already filed on record her Affidavit dated 31st July 2025, duly affirmed before a Notary Public. It is stated therein that, the Family Court, Nashik, has allowed Marriage Petition No.A 871 of 2022, granting divorce by mutual consent to the Petitioner No.1 and Respondent No.2. In Paragraph No.

5 thereof, the Respondent No.2 has stated that, the charge-sheet filed in R.C.C.No.992 of 2024 before the Judicial Magistrate First Class, Nashik, be quashed and set aside. 2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 31st July 2025 and her 'No Objection' for quashing of the crime in question. 3) In view thereof, the Petition is allowed in terms of prayer clause (b).

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 2/2 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 12/08/2025 17:51:35