Sandeep Gulabdhar Tiwari And ORS v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by KANCHAN VINOD MAYEKAR Date:
2025.08.05 10:39:21 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 778 OF 2025 1) Sandeep Gulabdhar Tiwari ] Aged 35 years or about, ] Occupation : Service, ] Indian Inhabitant, ] Mobile No.7208167367 ] Email : sandeeptiwari3591@gmail.com] 2) Gulabdhar Kamlashankar Tiwari ] Aged 60 years or about, ] Occupation : Farming, ] Indian Inhabitant ] 3) Malti Gulabdhar Tiwari ] Aged 57 years or about, ] Occupation : Housewife, ] Indian Inhabitant ] 4) Rajdhar Kamlashankar Tiwari ] Aged 55 years or about, ] Occupation : Farming, ] Indian Inhabitant ] At present Residing at ] Sanjay Nagar, Near Durga Mata, ] Laljipada, Kandivali (West), ] Mumbai - 400067 ] ... Applicants V/s.
1) State of Maharashtra ] Through Kandivali Police Station ] 2) Mrs.Pratima Sandeep Tiwari ] Aged 32 years or about, ] Occupation : Teacher, ] Indian Inhabitant, presently residing ] at Azmi Nagar, Room No.44, ] Akashwadi Sahyog, A.S.Noomani Road] 1/3
Malwani Gate No.7, Near Madina ] Masjid, Malad (West), ] Mumbai-400095 ] Mobile No. 9076039717 ] Email : tiwaripratima68@gmail.com ]
...Respondents
______________________ Mr. Dinesh G. Mishra for Applicants.
Smt. Savita M. Yadav, A.P.P. for Respondent No. 1 - State. Ms.Harshita Nag for Respondent No.2.
Mr. Gajanand Mekhale, PSI, Pairvi Officer, Kandivali Police Station, Mumbai present.
______________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.
DATE : 23rd JULY, 2025 P.C.:- 1) Applicants, i.e. husband (Applicant No.1); father-in-law (Applicant No.2); mother-in-law (Applicant No.3) and brother of Applicant No.2 (Applicant No.4) have filed this Application under Section 482 of Criminal Procedure Code, for quashing of C.C. No. 303/PW/2018 pending on the file of Judicial Magistrate First Class (17th Court), Borivali, Mumbai, arising out of C.R. No. 235 of 2017, dated 17th June, 2017, registered with Kandivali Police Station, Mumbai,, under Sections 498-A, 406, 323, 504, 506 read with 34 of the Indian Penal Code, with the consent of Respondent No.2.
2) Ms. Nag, learned Advocate for Respondent No.2 submitted that, she will file her Vakalatnama during the course of the day. The said 2/3
statement is accepted as an undertaking given to this Court. 3) Ms. Nag, learned Advocate for Respondent No.2 tendered across the bar, her Affidavit dated 23rd July, 2025, duly affirmed before a Notary Public. It is stated therein that, in Marriage Petition No. A-340 of 2023, the Petitioner No.1 and Respondent No.2 have executed Consent Terms. That, the Petitioner No. 1 has deposited the full and final settlement amount of Rs.5,00,000/- in the Family Court, Bandra, Mumbai. In Para No.
(7) 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 23rd July, 2025 and her 'No Objection' for quashing of the crime in question. 4) In view thereof, Application is allowed in terms of prayer clause (a).
(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 3/3