Allowed

Pankaj Ashok Sharma and Ors. v. the State of Maharashtra and Anr.

Bombay HC25 Jun 2024WP/86/2024

Case brief

AI extract

What is this about?

Writ petition under Article 226 sought quashing of an RCC arising from a cruelty and related offences FIR. The informant wife filed an affidavit consenting to quashing amid divorce proceedings and reiterated her no objection in court. The petition was allowed.

What did the court decide?

Criminal proceedings (RCC No. 106 of 2024) against all petitioners quashed with consent of Respondent No.2.

Pankaj Ashok Sharma and Ors. vs the State of Maharashtra… — Dowry and Cruelty | Bombay HC (2024)

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Osk 40-Wp-86-2024.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. 86 OF 2024

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1. Pankaj Ashok Sharma	]
2. Ashok Kumar Sharma	]
3. Veena Ashok Sharma	]
4. Rajat Ashok Sharma	]	… Petitioners
V/s.
1. The State of Maharashtra	]
2. Saraswati Pankaj Sharma	]	… Respondents

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Mr. Ram Singh a/w. Mr. V. K. Sharma for Petitioners. Mr. Vinod Chate, A.P.P. for Respondent No.1-State. Mr. Ajinkya Gangurde for Respondent No.2. P.S.I. Mr. Sanjay R. Sahare, Manpada Police Station, Dombivali, present.

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CORAM : A. S. GADKARI AND

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DR. NEELA GOKHALE, JJ. DATE : 14^th August 2024.

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P.C. :

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Husband, father-in-law, mother-in-law and brother-in-law of

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Respondent No.2 respectively, have filed present Petition under Article 226 of the Constitution of India for quashing of R.C.C. No. 106 of 2024 pending on the file of learned Judicial Magistrate First Class (Court No.3), Kalyan, arising out of CR No. 941 of 2023 dated 15^th November 2023 registered with Manpada Police Station, Dombivali, District Thane, under Sections 377,

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1/2

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Osk 40-Wp-86-2024.doc

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498A, 323, 504 & 506 read with 34 of Indian Penal Code (I.P.C.) with the consent of Respondent No.2, the informant.

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Learned Advocate for Respondent No.2 submitted that, the Respondent No.2 has filed on record an Affidavit dated 2^nd July 2024 duly affirmed before a Notary Public. It is stated therein that, she and Petitioner No.1 have filed Marriage Petition No. 150 of 2023 before the District and Sessions Court at Kalyan for grant of decree of divorce and to dissolve their

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marriage. In para No.10 thereof, she has given her consent for quashing of the said case.

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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 2^nd July 2024 and her ‘no objection’ for quashing of the said case.

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In view thereof, the Petition is allowed in terms of amended prayer clause (aa).

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

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Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2024.08.20 11:09:31 +0530

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Pankaj Ashok Sharma and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Pankaj Ashok Sharma and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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