Allowed

Sanjay Gajanan Mhalas and Anr. v. the State of Maharashtra and Anr.

Bombay HC21 Jun 2024APL/540/2024

Case brief

AI extract

What is this about?

Criminal application moving for quashing of a VCAT/Cr.P.C. proceeding under multiple IPC sections. The High Court allowed the application upon the written and personal representation of the female respondent consenting to the settlement and withdrawal of allegations. Relief: Vinaya Resolution and Crime quashing.

What did the court decide?

Allowance of the criminal application with directions to quash the proceedings and the crime as prayed.

Sanjay Gajanan Mhalas and Anr. vs the State of… — Matrimonial and Divorce | Bombay HC (2024)

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RVC 36 Apl-540-2024.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 APPLICATION (APL) NO. 540 OF 2024

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Sanjay Gajanan Mhalas & Anr.

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… Applicants

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V/s.

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The State of Maharashtra & Anr.

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Mr. Vaibhav Gaikwad a/w Raviraj Paramane and Deva Shinde for Applicants. Mr. V.A. Kulkarni, A.P.P. for Respondent No.1-State. Ms. Amita Chaware for Respondent No.2.

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CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 21^st June 2024.

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P.C. :

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(1) Applicant No.1 is husband of Respondent No.2 and Applicant No.2 is the person, who acted as mediator in settling the marriage of Applicant No.1 with Respondent No.2. Applicants have filed present Application for quashing R.C.C. No.932 of 2012 pending on the file of Judicial Magistrate First Class, Nashik, arising out of C.R. No.I-132 of 2012 under Sections 493, 494, 495, 498-A, 323, 504, 506 read with 34 of Indian Penal Code, registered with Gangapur Police Station, Nashik,with the consent of Respondent No2.

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(2) Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 21^st June 2024, duly affirmed before a Notary Public. It is stated therein that, Respondent No.2 has settled her dispute and differences

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RVC 36 Apl-540-2024.doc

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with the Applicants amicably. That, she withdrew her allegations made in the F.I.R. against the Applicants. In para No.4 thereof, she has stated that, she has no objection, if the said crime is quashed and the prayers made by the Applicants in the Application are granted by this Court.

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(2.1) Respondent No.2 is personally present in Court and through her Advocate, reiterates the contents of her Affidavit dated 21^st June, 2024 and her ‘no objection’ for quashing the crime in question.

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(4) In view thereof, Application is allowed in terms of prayer

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clause (a).

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( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. )

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Digitally signed by RAJESH RAJESH VASANT VASANT CHITTEWAN CHITTEWAN Date: 2024.06.28 16:56:11 +0530

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Sanjay Gajanan Mhalas and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sanjay Gajanan Mhalas and Anr. 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

Parties & counsel

Coram

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