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Bombay High CourtAPL/763/2025allowed

Dinesh Sanjay Chavhan And ORS v. The State Of Maharashtra And ANR

2025-08-07Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Rajesh S. Patil2 pages

Osk 8-Apl-763-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (A.P.L.) NO. 763 OF 2025 Dinesh Sanjay Chavhan & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Ms. Beerta Bajwa a/w. Ms. Kokila Kalra & Mr. Ramesh Bhide for Applicants. Mr. Vinod Chate, A.P.P. for Respondent No.1-State. Mr. Ranjan R. Gupta a/w. Mr. Ramesh Bhide for Respondent No.2. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 7th August 2025.

P.C. :

1) Applicants i.e. husband, mother-in-law, father-in-law and brother-in-law of Respondent No.2, have filed this Application under Section 482 of Criminal Procedure Code for quashing of F.I.R. No. 0589 of 2023, dated 18th September 2023, registered with Ambad Police Station, District Nashik, under Sections 498A, 323, 504, 506 read with 34 of Indian Penal Code, with the consent of Respondent No.2, the informant. 1.1) Ms. Bajwa, learned Advocate appearing for Applicants on instructions submitted that, till date the Police have not filed chargesheet in the present case. The said statement is accepted. 1/2

Osk 8-Apl-763-2025.doc 2) Ms. Bajwa, learned Advocate appearing for Applicants submitted that, Applicant No.1 and Respondent No.2 have filed Consent Terms dated 25th June 2025 in M.P. Petition No. F-777 of 2024 before the Family Court at Belapur, Navi Mumbai. That, in pursuance of the said Consent Terms the Respondent No.2 is giving her consent for quashing of the crime in question. She therefore prayed that, the said crime may be quashed with the consent of Respondent No.2.

3) Mr. Gupta, learned Advocate appearing for Respondent No.2 submitted that, the Respondent No.2 has already filed on record her Affidavit dated 17th July 2025 giving her consent for quashing of the crime in question. It is stated therein that, the Applicants and Respondent No.2 have arrived at an out of Court settlement and therefore she has agreed to withdraw F.I.R. No. 589 of 2023 i.e. the present case. In para No.2 thereof, the Respondent No.2 has given her no objection for quashing of the crime in question.

3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 17th July 2025 and her 'no objection' for quashing of the crime in question. 4) In view thereof, Criminal Application (A.P.L.) is allowed in terms of prayer clause (A).

by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.08.11 14:55:39 +0530 ( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) OMKAR SHIVAHAR KUMBHAKARN 2/2