Allowed

Abhijeet Ganesh Mayne and Ors. v. the State of Maharashtra and Anr.

Bombay HC5 Apr 2023WP/1140/2021

Case brief

AI extract

What is this about?

This is a Criminal Writ Petition seeking quashing of a R.C.C. No.88 of 2020 arising from a complaint under sections 498-A and 323 IPC. The Court allowed the petition after the respondent appeared in person and filed an affidavit stating no objection to the quashing, citing reconciliation between the parties.

What did the court decide?

Petition allowed for quashing of R.C.C No.88 of 2020 pending in the Judicial Magistrate First Class, Patan, District Satara.

Abhijeet Ganesh Mayne and Ors. Vs the State of… — Matrimonial and Divorce | Bombay HC (2023)

¶1

1 of 2 30.wp.1140.2021.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶3

CRIMINAL WRIT PETITION NO.1140 OF 2021

¶4

Abhijeet Ganesh Mayne and others

¶5

Petitioners

¶6

versus

¶7

The State of Maharashtra and another

¶8

Respondents

¶9

Mr.Kalpesh Patil, Advocate for Petitioners.
Mr.S.S.Hulke, APP, for State.
Ms.Aishwarya Shinde, Advocate for Respondent no.2.

¶10

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

¶11

DATE :5th April 2023

¶12

PC :

¶13

1. Leave to amend to incorporate challenge to R.C.C No.88 of 2020 pending on the file of Judicial Magistrate First Class, Patan, District Satara, in prayer clause granted.

¶14

Amendment be carried out forthwith and in any event during
the course of the day.

¶15

2.By the present Petition, the Petitioners i.e. husband (Petitioner
no.1), mother in law (Petitioner no2), father in law (Petitioner no.3),
brother in law (Petitioner no.4 and sister in law (Petitioner no.5) of
Respondent no.2 have prayed for quashing of R.C.C No.88 of 2020
pending on the file of Judicial Magistrate First Class, Patan, District
Satara arising out of C.R No.111 of 2020, dated 12th March 2020
registered with Umbraj Police Station under Sections 498-A, 323,

¶16

Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADARDate: JAMADAR 2023.04.11 11:11:32 +0530

¶17

2 of 2 30.wp.1140.2021.doc

¶18

504 r/w 34 of IPC by consent of Respondent no.2.

¶19

3. Learned Advocate for Petitioners submitted that Petitioner no.1

¶20

and Respondent no.2 have resolved their differences and are
presently cohabiting together.

¶21

4.Advocate Ms.Shinde submitted that she will file her
Vakalatnama on behalf of Respondent no.2 on or before tomorrow.

¶22

Learned Advocate Ms.Aishwarya Shinde appearing for
Respondent no.2 submitted that Respondent no.2 has filed an
Affidavit dated 5th April 2023. In paragraph 6 thereof she has
categorically given her no objection for quashing of the said R.C.C
No.88 of 2020 arising out of C.R No.111 of 2020. The said Affidavit
is taken on record.

¶23

Respondent no.2 is personally present in the Court and
through her Advocate conceded to the fact of affirming said Affidavit
dated 5th April 2023 and also her no objection for quashing of said
R.C.C No.88 of 2020 pending on the file of Judicial Magistrate First
Class, Patan, District Satara.

¶24

5.In view of the above, Petition is allowed in terms of prayer
clause (b).

¶25

(PRAKASH D. NAIK, J.)

¶26

MST

Abhijeet Ganesh Mayne and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Abhijeet Ganesh Mayne and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Seema Vijay Jadhav Vs Mythili Vheriventi and Ors.

Samina Sajid Khan Vs the State of Maharashtra

Shivshankar Ramdhani Yadav Vs State of Maharashtra

Monalisa Deshpande Vs the State of Maharashtra and Ors.

Umar Farooq Kadri Syed Vs State of Maharashtra and Anr.

Sudhakar Bhandare Vs the State of Maharashtra