Tushar Prabhakar Sawant And Anr vs The State Of Maharashtra And Anr
2023 Latest Caselaw 3835 Bom

2023:BHC-AS:11931-DB



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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL WRIT PETITION NO. 5962 OF 2021

           Tushar Prabhakar Sawant & Ors.                                       ... Petitioners
                 V/s.
           The State of Maharashtra & Anr.                                      ... Respondents


           Mr.Rajesh Kachare a/w. Mr.Ravi Kotian & Mr.Pankaj Shinde for Petitioners.
           Mr.Ajay Patil, A.P.P. for Respondent No.1-State.
           Ms.Jayashree Tripathi i/b. Mr.C. S. Patil for Respondent No.2.


                                                           CORAM : A. S. GADKARI AND
                                                                   PRAKASH D. NAIK, JJ.

                                                           DATE      : 18th April 2023.

           P.C. :

           1.                Petitioners       i.e.   husband   (Petitioner    No.1),       father-in-law

(Petitioner No.2), mother-in-law (Petitioner No.3), sister-in-law (Petitioner

No.4), husband of Petitioner No.4 (Petitioner No.5); and other accused

persons (Petitioner Nos.6, 7 & 8) in CR No. I-17 of 2016, under Sections

498A, 420, 406, 494, 506 read with 34 of Indian Penal Code have prayed for

quashing of the said crime, by consent of Respondent No.2, the wife of

Petitioner No.1.

2. Learned counsel for Petitioners submitted that, the Respondent

No.2 had filed H.M.P. No. 89 of 2016 in the Court of Civil Judge Senior

Division at Panvel under Section 13B of the Hindu Marriage Act for divorce

Osk 21-Wp-5962-2021.odt

by mutual consent. In para No.3(e) of the said Petition, the Respondent No.2

had agreed to quash present crime by consent. The learned Civil Judge

Senior Division, Panvel decreed the said Petition by its Judgment and Decree

dated 31st July 2017. That in pursuance of the said decree passed by the trial

Court, present Petition has filed.

3. Ms.Tripathi, learned Advocate appearing for Respondent No.2

submitted that, the Respondent No.2 has filed Affidavit of Consent, dated

10th January 2022, duly affirmed before a Notary Public for quashing of

crime in-question. She submitted that, Advocate Mr.C.S. Patil has identified

the signature of Respondent No.2. In para No.4 of the said Affidavit the

Respondent No.2 has given her 'no objection' for quashing F.I.R. No. I-17 of

2016 registered with Manikpur Police Station, which is now culminated into

R.C.C. No. 1071 of 2016 and pending on the file of Judicial Magistrate First

Class, Vasai.

4. Respondent No.2 is personally present in the Court and through

her Advocate reiterated the contents of her Affidavit dated 10 th January 2022

and her 'no objection' to quash the present crime.

5. In view of above, R.C.C. No. 1071 of 2016 pending on the file

Judicial Magistrate First Class, Vasai arising out of F.I.R. No. I-17 of 2016

registered with Manikpur Police Station, District Palghar, is quashed.

6. Petition is allowed in the aforesaid terms.

      [ PRAKASH D. NAIK, J. ]                         [ A.S. GADKARI, J. ]