Bombay High Court
Sumankumar Sopankumar Jana And Ors vs Rajshree Sumankumar Jana And Anr on 20 June, 2025
Author: A. S. Gadkari
Bench: A. S. Gadkari
2025:BHC-AS:25436-DB
DDR 32. APL 387-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DIKSHA Digitally
by DIKSHA
signed
CRIMINAL APPELLATE JURISDICTION
DINESH DINESH RANE
Date: 2025.06.26
RANE 21:08:20 +0530
CRIMINAL APPLICATION NO. 387 OF 2024
1. Mr. Sumankumar Sopankumar Jana )
Adult, aged : 35 years, )
2. Mr. Sopankumar Kanayalal Jana )
Adult, aged : 60 years )
3. Mrs. Nibotita Sopankumar Jana )
Adult, aged 55 years )
4. Ms. Rakhi Sopankumar Jana )
Adult, aged 27 years )
All adults, Indian Inhabitants, residents )
of Flat No.501, 5th floor, New Look )
Apartment, Plot No.236/237, )
Dadar (E), Mumbai 400 014. ) ..Applicants
Vs.
1. Mrs. Rajshree Sumankumar Jana )
D/o. Mr. Uttam Kumar Maji )
Hindu Indian Inhabitant of Mumbai )
Adult aged 30 years, )
Occupation : Service, )
Residing at 2204, A Wing, 22nd Floor, )
Palm Beach Residency, Sector - 4, )
Navi Mumbai - 400 706. )
2. The State of Maharashtra )
(through Public Prosecutor, High )
Court, Mumbai) )
3. The Senior Inspector of Police, )
Matunga Police Station, Mumbai. ) ..Respondents
1/3
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DDR 32. APL 387-24.doc
_______________________________
Mr. Vivek Gupta a/w. Mr. Mohan Raut for Applicants.
Mr. Chandrakant Chavan for Respondent No.1.
Mr. Kiran C. Shinde, APP for Respondents-State.
Ms. Sunita S. Patle, API, Matunga Police Station, Mumbai.
_______________________________
CORAM : A. S. GADKARI AND
RAJESH S. PATIL, JJ.
DATE : 20th JUNE, 2025.
JUDGMENT (PER : A. S. GADKARI, J.):
-
1. Husband (Applicant No.1); father-in-law (Applicant No.2);
mother-in-law (Applicant No.3) and sister-in-law (Applicant No.4) of
Respondent No.1, have filed present Application under Section 482 of the
Code of Criminal Procedure, 1973, for quashing of Session Case No.719 of
2023 pending on the file of learned Additional Sessions Judge, Mumbai,
arising out of C.R.No.89 of 2021 dated 1 st February 2021 registered with
Matunga Police Station, Mumbai, under Sections 498-A, 307, 406, 313,
323, 504, 506 read with Section 34 of the Indian Penal Code with the
consent of Respondent No.1, first informant.
2. Learned Advocate Mr. Chavan appearing for Respondent No.1
submitted that, the Applicant No.1 and Respondent No.1 have amicably
settled their disputes and differences and Respondent No.1 has affirmed the
Affidavit, dated 5th February 2025 before the Assistant Registrar of this
Court. He tendered across the Bar the said Affidavit of Respondent No.1. It
is stated therein that, by a Judgment and Decree dated 28 th July 2023,
DDR 32. APL 387-24.doc
passed by the Family Court at Bandra, Mumbai, the marriage solemnized
between Applicant No.1 and Respondent No.1 has been dissolved, subject
to compliance of Consent Terms filed therein. In paragraph No.2 thereof,
Respondent No.1 has given her no objection for quashing of the crime in
question.
2.1. Respondent No.1 is personally present in the Court and
through her Advocate reiterates the contents of her Affidavit dated 5 th
February 2025 and her 'No Objection' for quashing of the crime in question.
3. In view of the above, Application is allowed in terms of prayer
Clause (a).
(RAJESH S. PATIL, J.) (A.S. GADKARI, J.)
