DEVICHAND UMEDMAL GANDHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Petition under Article 226 of Constitution of India and under Sec. 482 of the Cr.P.C., Petitioners have prayed for quashing of C.C. No.6001019/PW/2019 pending on the file of Metropolitan Magistrate, 60th Court, Kurla, Mumbai, arising out of C.R. No.32 of 2019 registered with Chunabhatti Police Station, Mumbai under Sec. 354 , 337 , 323 , 504 and 506 read with 34 of the Indian Penal Code , by Prayer Clause (B-(i)) with the consent of Respondent No.2.

(2.) Mr.Kadam, learned Advocate for the Petitioners submitted that, Petitioner Nos.1 and 2 and Respondent No.2 have resolved their differences and disputes and have amicably settled the matter. He submitted that Respondent No.2 has given her consent for quashing of the said crime in question.

(3.) Learned Advocate for Respondent No.2 has tendered across the bar an Affidavit dated 28 th June 2023, duly affirmed before a Notary Public. In para No.3 of her affidavit, it is stated that she and Petitioner Nos.1 and 2 are residing in the same vicinity and both the parties through their family members and relatives have mutually settled the dispute and they mutually decided to compound/withdraw the present case. In paragraph No.6 of the said affidavit, Respondent No.2 has given her 'no objection' for quashing of the crime in question.