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2023 DIGILAW 1022 (BOM)

Dilip Kedar Shukla v. State of Maharahstra

2023-04-21

A.S.GADKARI, PRAKASH D.NAIK

body2023
JUDGMENT/ORDER 1. In pursuance of Order dtd. 13/4/2023, Mr. Bhagwan M. Patil, Police Sub Inspector attached to Navghar Police Station, Bhayandar, District Thane, has filed an Affidavit dtd. 20/4/2023. A bare perusal of said Affidavit clearly indicates that, to buttress his mistakes he has committed further blatant mistakes, contrary to the fundamentals of law. Learned A.P.P. is unable to justify his mistakes and in particular recording of second 'main' statement of the victim, which is contrary to the basic provisions of Cr.P.C. and criminal jurisprudence. 2. We therefore quash and set aside the said Summary Report dtd. 30/1/2020 submitted by the concerned Investigating Officer before the learned Judicial Magistrate First Class, 5th Court, Thane, as according to us, it is not in consonance with the fundamentals of criminal jurisprudence. The concerned Police Sub Inspector is cautioned not to commit such mistakes hereinafter. 3. By the present Petition, the Petitioners i.e. husband, mother-in-law and sister-in-law of Respondent No.2 have prayed for quashing of C.R. No.236 of 2018 registered with Navghar Police Station, Bhayandar, District Thane, under Ss. 498(A), 406, 494, 420, 495 read with Sec. 34 of the Indian Penal Code by consent of Respondent No.2, wife of Petitioner No.1. 4. Learned Advocate for the Petitioners submitted that, the Petitioner No.1 and Respondent No.2 have executed 'Consent Terms' for Divorce by Mutual Consent before the Family Court at Bandra, Mumbai in Petition No.F-2729 of 2018 and in Paragraph No.4 thereof, the Respondent No.2 has agreed for quashing of the crime in question, with her consent. 5. The Respondent No.2 has filed an Affidavit dtd. 9/3/2023 duly affirmed before a Notary Public and in Paragraph No.6 thereof she has given her consent for quashing of the said C.R. No.236 of 2018 registered with Navghar Police Station, Bhayandar, District Thane (Rural). Learned Advocate appearing for Respondent No.2 has identified the signature of Respondent No.2. Respondent No.2 is personally present in the Court and through her Advocate reiterated the contents of her Affidavit dtd. 9/3/2023 and her 'no objection' in quashing the crime in question. 6. In view of the above, Petition is allowed in terms of prayer Clause 'a'.