Allowed

Arun Ashok Gupta and Anr. v. State of Maharashtra and Anr.

Bombay HC9 Jul 2024WP/2065/2024

Case brief

AI extract

What is this about?

The Court allowed the petition under Article 226 and Section 482 CrPC to quash criminal proceedings pending before the Metropolitan Magistrate, based on the consent terms for reconciliation and the informed, no-objection consent of the informant/respondent.

What did the court decide?

Quashing of CC No.660/PW of 2020 and the criminal proceedings arising out of C.R.No. 389 of 2019.

Arun Ashok Gupta and Anr. vs State of Maharashtra and Anr. — Dowry and Cruelty | Bombay HC (2024)

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sns 9- wp-2065-2024.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 WRIT PETITION NO.2065 OF 2024

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Arun Ashok Gupta And Ors. …..Petitioners

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Vs.

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The State Of Maharashtra & Anr. …..Respondents

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Mr. Saurabh More, for the Petitioners. Mr. Vinod Chate APP, for Respondent No.1-State. Ms. Prachi Jain for the Respondent No.2. Petitioner and Respondent No.2 are present. PSI S.L.Doke attached to Borivali P. Stn. Present.

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CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 9^th JULY, 2024.

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P.C.:-

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Petitioners i.e., husband, father-in-law, mother-in-law and

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brother-in-law respectively of the Respondent No.2 have filed the present Petition under Article 226 of Constitution of India read with Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of the CC No.660/PW of 2020, pending on the file of the learned Metropolitan Magistrate, 26^th Court at Borivali, Mumbai, arising out of C.R.No. 389 of 2019 dated 5^th July 2019 registered with Borivali Police Station, Mumbai under Sections 498-A, 323, 504, 506 read with 34 of the Indian Penal Code (IPC), with the consent of the Respondent No.2, the informant.

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sns 9- wp-2065-2024.doc

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Learned Advocate for the Respondent No.2 submitted that, the Petitioner No.1 and the Respondent No.2 have executed Consent Terms for Reconciliation dated 23^rd December, 2020 in Petition A-2535 of 2019 before the Family Court at Bandra, Mumbai. That, in furtherance of the said Consent Terms for Reconciliation, the Petitioner No.1 and the Respondent No.2 are now cohabiting together and the Respondent No.2 has no grievance against the Petitioners.

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2.1) Learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 25^th June, 2024, duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement and has given her no objection for quashing of the present case.

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2.2) Respondent No.2 is personally present in the Court and through her Advocate, reiterates the contents of her Affidavit dated 25^th June 2024 and her ‘no objection’ for quashing of the crime in question.

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In view of the above, the Petition is allowed in terms of prayer clauses (b) and (b1).

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(DR NEELA GOKHALE, J.)

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(A.S. GADKARI, J.)

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Digitally signed bySHAMBHAVI SHAMBHAVINILESH NILESHSHIVGAN SHIVGAN Date: 2024.07.16 11:31:58 +0530

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Arun Ashok Gupta and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Arun Ashok Gupta and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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