Jagdish Yadav Attarde And Ors vs The State Of Maharashtra And Anr
2023 Latest Caselaw 8184 Bom

2023:BHC-AS:22986-DB



           Osk                                                            3-Apl-604-2018.odt



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL APPLICATION (APL) NO. 604 OF 2018

           Jagdish Yadav Attarde & Ors.                               ... Applicants
                 V/s.
           The State of Maharashtra & Anr.                            ... Respondents


           Mr. Satyajeet P. Dighe for Applicants.
           Mrs.G.P. Mulekar, A.P.P. for Respondent No.1-State.
           Mrs.Varsha Pichaya a/w. Mr.S.S. Pandaye for Respondent No.2.


                                                    CORAM : A. S. GADKARI AND
                                                            SHIVKUMAR DIGE, JJ.

                                                    DATE    : 9th August 2023.

           P.C. :

1. Husband and in-laws of Respondent No.2 have filed present

application under Section 482 of Criminal Procedure Code for quashing of

RCC No. 1593 of 2017 pending on the file of Judicial Magistrate First Class,

4th Court, Nashik, arising out of CR No. 81 of 2017, registered with Indira

Nagar Police Station, Nashik, under Sections 498A, 406, 354, 323, 506, 504

read with 34 of Indian Penal Code, with the consent of Respondent No.2.

2. Advocate Mrs.Pichaya Submitted that, she will file her

Vakalatnama on or before Friday in the Registry. Said statement is accepted.

3. Learned Advocate Mrs.Pichaya for Respondent No.2 tendered

across the bar her affidavit dated 8 th August 2023 duly affirmed before the

Osk 3-Apl-604-2018.odt

Assistant Registrar of this Court. It is stated therein that, the Applicant No.1

and Respondent No.2 have settled their disputes amicably and had filed a

Petition for divorce by mutual consent in the Court of Civil Judge Senior

Division at Bhusawal, District Nashik. That a decree of divorce has

accordingly been passed by the concerned Court. The Judgment and Decree

passed by the Trial Court dated 2 nd May 2023 is annexed to the affidavit. In

para No.5 of Affidavit, the Respondent No.2 has given her consent for

quashing of RCC No. 1593 of 2017.

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

her Advocate reiterates the contents of her affidavit dated 8 th August 2023

and her 'no objection' for quashing of the said case.

5. In view of the above, Application is allowed in terms of prayer

Clauses (a) and (a-i).

      [ SHIVKUMAR DIGE, J. ]                       [ A.S. GADKARI, J. ]