Allowed

Uday Suresh Sonawane v. the State of Maharashtra and Anr.

Bombay HC10 Apr 2023WP/1299/2023

Case brief

AI extract

What is this about?

In this criminal writ petition, the High Court of Bombay allowed the quashing of criminal proceedings instituted against the petitioner based on the victim's unequivocal consent expressed in an affidavit and during personal court appearance.

What did the court decide?

Petition for quashing of C.C. No. 883/PW/2022 is allowed in terms of the prayer clause (b) based on the victim's consent.

Uday Suresh Sonawane Vs the State of Maharashtra and Anr. — Quashing and FIR | Bombay HC (2023)

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DAE 29-WP-1299-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1299 OF 2023

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Uday Suresh Sonawane ...Petitioner
Versus
The State Of Maharashtra And Anr. ...Respondents

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Mr. Ajay L. Bhise a/w Mr.Tejas V. DhotreAdvocate for Petitioner.
Mrs. M. M. Deshmukh, APP for Respondent No.1-State.
Mr. Omkar Mulekar for Respondent No.2.
P.S.I. Mr. Umesh More attached to Marine Drive Police Station is present.

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Digitally signed by DNYANESHWAR DNYANESHWAR ASHOK ETHAPE ASHOK ETHAPE Date: 2023.04.15 16:53:53 +0530

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

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 DATE : 10th APRIL 2023.

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P.C.:-

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1.Petitioner-Original Accused in C.R. No. 47 of 2022 (C.C.T.N.S. No.56
of 2022), dated 16th March 2022, registered with Marine Drive Police
Station, Mumbai, under Sections 354-D, 506, 507 and 509 of the Indian
Penal Code (I.P.C.), has filed present Petition for quashing of C.C.
No.883/PW/2022 pending on the file of learned Additional Chief
Metropolitan Magistrate, 8th Court, Esplanade, Mumbai, by consent of
Respondent No.2, victim.

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2. Petitioner has filed Additional Affidavit dated 10^th April 2023 in support of the Petition.

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DAE 29-WP-1299-2023.doc

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3. Respondent No.2 has filed an Affidavit dated 10^th April 2023 duly affirmed before the Assistant Registrar of this Court. In paragraph Nos. 4, 5 and 6 thereof, she has given her ‘No Objection’ to quash the said proceedings in unequivocal terms.

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Respondent No.2 is personally present in the Court and through her
Advocate gave her ‘No Objection’ for quashing of the said proceedings i.e.
C.C. No.883/PW/2022 pending on the file of learned Additional Chief
Metropolitan Magistrate, 8th Court, Esplanade, Mumbai, arising out of C.R.
No. 47 of 2022 (C.C.T.N.S. No.56 of 2022), registered with Marine Drive
Police Station, Mumbai.

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4. In view thereof, Petition is allowed in terms of prayer clause (b).

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(PRAKASH D. NAIK, J.) (A. S. GADKARI, J.)

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Uday Suresh Sonawane v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Uday Suresh Sonawane 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

Statutes considered

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Coram

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