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Bombay High CourtAPL/565/2025allowed

Hardesh Jaganmal Punjabi And ANR 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 36-apl565.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 565 OF 2025 Hardesh Jaganmal Punjabi & Anr.

.....Applicants Vs.

State Of Maharashtra & Anr.

.....Respondents ____________________________________ Mr. Shekhar S. Bhandary for the Applicants.

Mr. Yogesh M. Nakhwa APP, for the Respondent-State. Ms. Shreya Shrivastava for the Respondent No.2. _____________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 16th JULY, 2025.

P.C.:- 1) Husband (Applicant No.1) and sister-in-law (Applicant No.2) of Respondent No.2 have filed present Application under Section 482 of the Cr.P.C. for quashing of C.C. No.572/PW/2021, pending on the file of 9th J.M.F.C., Bandra, Mumbai, arising out of C.R. No.410 of 2019 dated 6th July, 2019, registered with Khar Police Station, Mumbai, under Sections 498(A), 323, 406, 504, 506 and 509 read with Section 34 of the Indian Penal Code with the consent of Respondent No.2, the informant. 2) Learned Advocate Ms. Shrivastava appearing for Respondent No.2 tendered across the bar an Affidavit dated 16th July, 2025 of Respondent No.2, duly affirmed before the Assistant Registrar of this Court. 1/2

ssm 2 36-apl565.2025.doc It is stated therein that, the parties herein have filed Consent Terms in case No.122 of 2020 before the 9th J.M.F.C., Bandra, Mumbai. In paragraph No.8 thereof, Respondent No.2 has stated that, she has tendered her free and voluntary consent for quashing of the present crime. In paragraph No.14 thereof, it is stated that, this Affidavit be treated as consent and no objection to quash the crime in question.

2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 16th July, 2025 and her 'No Objection' for quashing of the crime in question. 3) In view thereof, Application is allowed in terms of prayer clause (a).

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

2025.07.21 19:17:06 +0530 SANJIV SHARNAPPA MASHALKAR 2/2