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Yatindra Datta Sawant and Anr. v. State of Maharashtra and Anr.

Quashing of offence – Ss.498-A and 406 IPC

Bombay HC6 May 2025APL/507/2025

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Case brief

AI extract

What is this about?

Bombay High Court, Criminal Application No. 507 of 2025, decided 23 July 2025 by A. S. Gadkari and Rajesh S. Patil, JJ. Section 482 CrPC quashing of matrimonial-offence case (Ss.498-A and 406 IPC, C.R. No. 142 of 2020, Kalachowki/Kala Chowki Police Station; C.C. No. 695/PW/2021) granted on the strength of the informant-wife's affidavit consent and 'No Objection' after full alimony payment pursuant to Consent Terms before Family Court, Bandra. Application allowed in terms of prayer clause (a).

What did the court decide?

Quashing of the crime in question (C.R. No. 142 of 2020 / C.C. No. 695/PW/2021) in terms of prayer clause (a) of the Application, with the consent of Respondent No.2. ¶20-21

Yatindra Datta Sawant and Anr. vs State of Maharashtra… — Cheating and Forgery | Bombay HC (2025)

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KVM 38 - APL 507-2025.doc

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Digitally signed KANCHANVINOD by KANCHANVINODMAYEKAR MAYEKAR Date: 2025.08.01 18:15:47 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 507 OF 2025

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Yatindra Datta Sawant ] Aged, 35 years, Occupation – Service] Add/at, 2/B, 306, Jai Ambe Sadan, ] S.N.Path, Lower Parel, Delisle Road, ] Mumbai – 400013 ] 2) Pratibha Datta Sawant ] Aged, 70 years, Occupation – Service] Add/at, 2/B, Jai Ambe Sadan, ] S.N.Path, Lower Parel, Delisle Road, ] Mumbai – 400013 ] … Applicants V/s. 1) The State of Maharashtra ] (Through Kalachowki Police Station) ] 2) Ankita Yatindra Sawant ] Vighnaharta Building, A-Wing, ] Room No 405, G.D.Ambekar Marg, ] Near Kalachowki Police Station, ] Kalachowki, Mumbai-400033 ] ...Respondents

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Mr. Manoj Pandit a/w. Ms.Shraddha Sane, Mr.Yatindra Sawant, Ms.Pratibha Sawant for Applicants.

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Mr. Ashish I. Satpute, A.P.P. for Respondent No. 1 – State.

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Mr.Sagar Kasar a/w. Ms.Chaitali Bhogle, Mr.Rishabh Tiwari for Respondent No.2.

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CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ. DATE : 23^rd JULY, 2025

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KVM 38 - APL 507-2025.doc

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P.C.:-

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Husband (Applicant No.1) and mother-in-law (Applicant No.2), accused in C.C. No. 695/PW/2021, pending on the file of Judicial Magistrate First Class (15^th Court), Mazgaon, Mumbai, arising out of C.R. No. 142 of 2020 registered with Kala Chowki Police Station, Mumbai, dated 18^th August, 2020, under Sections 498-A and 406 of Indian Penal Code have filed this Application under Section 482 of Criminal Procedure Code, for quashing of the said crime, with the consent of Respondent No.2, the informant.

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Mr. Kasar, learned Advocate for Respondent No.2 submitted that, Respondent No.2 has already filed on record an Affidavit dated 30^th June, 2025, duly affirmed before a Notary Public. It is stated therein that, the Applicant No.1 and Respondent No.2 have filed Consent Terms before the Family Court at Bandra, Mumbai on 17^th April, 2025 and in pursuance thereof, the Applicant No.1 has paid the entire alimony to the Respondent No.2. It is stated that, various terms and conditions mentioned in the Consent Terms are already complied with. In Para No. 10 thereof, Respondent No.2 has given her voluntary consent for quashing of crime in question.

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2.1) Though Respondent No.2 is not personally present in the Court, Advocate Mr. Kasar submitted that, Respondent No.2 has given him authority to admit the contents of her Affidavit dated 30^th June, 2025 and

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KVM 38 - APL 507-2025.doc

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to give her ‘No Objection’ for quashing of the crime in question.

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