Allowed

Himnish Arun Ashar v. State of Maharashtra and Anr.

Bombay HC1 Aug 2024WP/3252/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal writ petition filed by the husband to quash a criminal case pending against him. The case arose from domestic disputes under Sections 323, 325, and 504 IPC. The parties had settled their differences before the Family Court, and the wife, as the victim/informant, consented to the withdrawal of the complaint and the quashing of the case.

What did the court decide?

The petition for quashing of Criminal Case No.1360/PW/24 was allowed in terms of the prayers filed.

Himnish Arun Ashar vs State of Maharashtra and Anr. — Matrimonial and Divorce | Bombay HC (2024)

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sns 19- wp-3252-2024.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.3252 OF 2024

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Himnish Arun Ashar …..Petitioner Vs.

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The State Of Maharashtra & Anr. …..Respondents

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Adv. Vrushali Uday Kabre i/b Adv. Archana Gawli for the Petitioner. Smt. Anamika Malhotra, Addl.P.P. for Respondent No.1-State. Adv. Lubna Ansari, with Adv. Rakesh Pande for Respondent No.2. Mrs. Hetvi H. Ashar, Respondent No.2 present in person.

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CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 12^th SEPTEMBER, 2024.

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P.C.:-

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Husband of the Respondent No.2 has filed present Petition under Article 226 of the Constitution of India, for quashing of the C.C.No.1360/PW/24 pending on the file of 24^th Metropolitan Magistrate, Borivali, Mumbai arising out of C.R.No. 468 of 2023 registered with Malad Police Station, Mumbai under Sections 323, 325 and 504 of the Indian Penal Code, 1860 (‘IPC’), with consent of the Respondent No.2, informant.

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Learned Advocate for the Petitioner submitted that, the Petitioner and the Respondent No.2 have settled their disputes and differences and have executed Consent Terms dated 2^nd May 2024 before the Family Court at Bandra, Mumbai in Marriage Petition No. F-1659 of

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1/2

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sns 19- wp-3252-2024.doc

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In the said Consent Terms, the Respondent No.2 has agreed to withdraw the present case. She submitted that, in pursuance of the said Consent Terms, present Petition is filed for quashing of the said case with consent of the Respondent No.2.

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Learned Advocate for the Respondent No.2 has filed on record an Affidavit dated 1^st August 2024 duly affirmed before the Assistant Registrar of this Court. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement between the parties and execution of Consent Terms before the Family Court, Mumbai. In paragraph number 5 thereof, she has given her no objection for quashing of the case in question.

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3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 1^st August 2024 and her ‘no objection’ for quashing of the case in question.

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In view thereof, the Petition 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 bySHAMBHAVI SHAMBHAVINILESH NILESHSHIVGAN SHIVGAN Date: 2024.09.18 14:03:15 +0530

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Himnish Arun Ashar v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Himnish Arun Ashar v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

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