Nitesh Kantilal Shah And ORS v. State Of Maharashtra And ANR

KSG 55-WP-4480-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4480 OF 2025 Nitesh Kantilal Shah & Ors ... Petitioners V/s.

State of Maharashtra & Anr ... Respondents _______________________________________ Mr.Harishchandra D. Chavan a/w Mr.Sudhir Bansi Sakat, for Petitioners. Mr.Ashish I. Satpute, A.P.P. for Respondent-State. Ms.Pooja Dongre a/w Mr. Pragat Dande, for Respondent No.2. Mr.N.B. Pandhare, PSI attached to Vitthalwadi Police Station. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 18th August, 2025.

P.C. :

1) Leave to amend as per the schedule of draft amendment tendered across the bar, granted. Amendment be carried out during the course of the day.

2) By this Petition under Article 226 of the Constitution of India, KIRAN SANJAY GHUGE the husband and all in-laws of Respondent No.2 are seeking quashing of KIRAN SANJAY GHUGE Date: 2025.08.26 17:41:37 +0530 Special Case No.359 of 2025, pending on the file of learned Additional Sessions Judge, Kalyan, arising out of CR No.682 of 2024, dated 25th December, 2024, registered with Vitthalwadi Police Station, Ulhasnagar-4, under Sections 85, 115(2), 117(2), 351(2), 352 of Bhartiya Nyaya Sanhita (BNS), 2023 and under Sections 3(1)(r), 3(1)(s), 3(1)(u) of The Scheduled 1/2

KSG 55-WP-4480-2025.doc Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, with the consent of Respondent No.2, the informant.

3) Learned Advocate Ms.Dongre appearing for Respondent No.2 tendered across the bar an Affidavit dated 18th August, 2025, of Respondent No.2, duly affirmed before a Notary Public. It is stated therein that, Petitioners and Respondent No.2 have settled their disputes amicably and have executed Consent Terms dated 24th July, 2025. Various other facts of the terms of settlement are narrated in the said Affidavit. In pursuance of the said Consent Terms, Respondent No.2 has no objection for quashing of the crime in-question. A copy of Consent Terms dated 24th July, 2025, is also annexed to the said Affidavit.

3.1) Respondent No.2 is personally present in Court and through her Advocate reiterates the contents of her Affidavit dated 18th August, 2025 and her 'No Objection' for quashing of crime in-question. 4) In view thereof, Petition is allowed in terms of prayer clause [b] and amended prayer clause [b(1)].

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