Allowed

Vijay Munnalal Gupta and Ors. v. the State of Maharashtra and Anr.

Bombay HC9 Aug 2024WP/3119/2024

Case brief

AI extract

What is this about?

The petitioners sought quashing of a criminal case under Sections 498A, 323, 504, 506 IPC read with Section 34, with the consent of Respondent No. 2. The victim affirmed irrevocable consent via affidavit and in person. The High Court allowed the petition and quashed the criminal proceedings.

What did the court decide?

Quashing of R.C.C No. 414 of 2021 pending before the Judicial Magistrate First Class, Kalyan.

Vijay Munnalal Gupta and Ors. vs the State of Maharashtra… — Dowry and Cruelty | Bombay HC (2024)

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Talwalkar 19.WP.3119.2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO. 3119 OF 2024

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Vijay Munnalal Gupta and ors.

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…..Petitioners

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Vs.

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The State Of Maharashtra and anr. …..Respondents

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Mr. Jagdishprasad C. Nadimint i/b. Ms. Anjali Talreja, Advocate for the Petitioners.

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Smt. Anamika Malhotra Addl. PP, for the Respondent-State.

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Mr. Raj Chourasia, Advocate for Respondent No. 2.

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Mrs. Soni Vijay Gupta @ Soni Pyarelal Gupta, Respondent No.2 present in person.

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

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P.C.:-

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The husband and in-laws of the Respondent No. 2 have filed present

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Petition under Article 226 of the Constitution of India for quashing of R.C.C No. 414 of 2021 pending on the file of Judicial Magistrate First Class, Kalyan, District Thane, arising out of C.R. No. I-82/2020 dated 25^th February 2020 registered with the Kolsewadi Police Station, District Thane, for the offences punishable under Section 498(A), 323, 504, 506 read with

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Section 34 of the Indian Penal Code, with the consent of Respondent No.2,

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1/2

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Talwalkar 19.WP.3119.2024.doc

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the victim.

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1. Learned Advocate for the Respondent No. 2 submitted that the Respondent No. 2 has already filed on record an Affidavit dated 24^th July 2024 duly affirmed before a Notary Public. In paragraph-10 thereof, she has given her irrevocable consent to quash the present crime.

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2.1) Respondent No. 2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 24^th July 2024 and her 'no objection' for quashing of the present crime.

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

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

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ARUNA SANDEEP TALWALKAR

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Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2024.08.14 18:18:43 +0530

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Vijay Munnalal Gupta and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Vijay Munnalal Gupta 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

Statutes considered

Parties & counsel

Coram

Case details

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