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Bombay High CourtAPL/816/2025disposed off

Anil Raghunath Deshmukh And ORS v. Minakshee Anil Deshmukh And ANR

2025-08-22Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Rajesh S. Patil2 pages

ssm 1 6-apl816.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 816 OF 2025 Anil Raghunath Deshmukh & Ors.

.....Applicants Vs.

Minakshee Anil Deshmukh & Ors.

.....Respondents ____________________________________ Mr. Avinash Fatangare a/w Ms. Archana Shelar for the Applicants. Adv. Rajaram V. Bansode a/w Adv. Sheetal M. Ubale for the Respondent No.1.

Smt. Savita M. Yadav APP, for the Respondent-State. _____________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 22nd AUGUST, 2025.

P.C.:- 1) Husband, mother-in-law and brother-in-law of Respondent No.1, have filed this Application under Section 528 of BNSS, 2023 for quashing of R.C.C. No.401608 of 2014, pending on the file of JMFC, Thane, arising out of C.R. No.I-297 of 2013, dated 11th December, 2013, registered with Shrinagar Police Station, District Thane, under Sections 498(A), 406, 420, 323, 504 read with 34 of the Indian Penal Code, with the consent of Respondent No.2, the informant.

2) Learned Advocate Mr. Bansode appearing for Respondent No.1 tendered across the bar an Affidavit dated 22nd August, 2025, of Respondent 1/2

ssm 2 6-apl816.2025.doc No.1, duly affirmed before a Notary Public. The fact of amicable settlement and filing of Consent Terms in FCA No.37 of 2023 before the co-ordinate Bench of this Court is admitted therein. In paragraph No.6 thereof, Respondent No.1 has stated that, in view of the amicable settlement between herself and Applicant No.1, she has no grievance against the Applicants and has no objection to quash and set aside the crime in question.

2.1) Though the Respondent No.1 is not personally present in the Court, Mr. Bansode, learned Advocate on instructions submitted that, he has been instructed to admit the contents of Affidavit dated 22nd August, 2025 and to give 'No Objection' and consent for quashing of the crime in question, by the Respondent No.1. The said statement is accepted. 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:

2025.09.04 17:23:29 +0530 SANJIV SHARNAPPA MASHALKAR 2/2