The court allowed the criminal writ petition seeking quashing of an FIR. The respondent filed an affidavit and appeared in court to expressly state no objection to the quashing of the criminal proceedings.
Quashing of C.C.No.323/PW/2023 pending before the Additional Chief Metropolitan Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:BHC-AS:25210-DB
rdg 15-wp-2502-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2502 OF 2024
Haresh Narottam Udeshi …..Petitioner
Vs.
Priyanka Satishkumar Rishi & Anr. …..Respondents
Mr. Gulestan M. Dubash with Mr. Durgesh P. Jaiswal, for the Petitioner. Mr. K. Kadam, for Respondent No.1.
Mr. V. N. Sagare, APP, for Respondent No.2-State.
Mr. Ravindra Pawar, HC/060139, Khar Police Station is present.
CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 24th JUNE, 2024.
P.C.:-
Court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for quashing of C.C.No.323/PW/2023 pending on the file of Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Mumbai arising out of C.R.No.676 of 2021 registered with Khar Police Station, Mumbai under Sections 498(A), 420, 406, 509, 504 and 506 of the Indian Penal Code.
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rdg 15-wp-2502-2024.doc
stated that she and Petitioner had filed a Petition bearing No. F-3037 of 2023 under Section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent before the Family Court at Bandra, Mumbai. That, Consent Terms were drawn and filed in the said Petition. In the said Consent Terms, she has agreed to give her consent for quashing of the present crime. In paragraph 9 thereof, Respondent No.1 have given her no objection for quashing of the said crime.
2.1) Respondent No.1 is personally present in the Court and through her Advocate reiterates contents of her Affidavit dated 21st June 2024 and her ‘no objection’ for quashing of the crime in question.
clause (b).
(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.)
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Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 28/06/2024 13:42:39
1 issue framed by the court
Whether the criminal petition should be quashed based on the petitioner's affidavit and the respondent's express no objection to quashing.
3 provisions across 3 enactments
Haresh Narottam Udeshi
Priyanka Satishkumar Rishi
A. S. Gadkari
Dr Neela Gokhale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
