SWAPNIL SUBHASH WANI Vs. ABC

JUDGEMENT

(1.) By the present Petition, Petitioner, original accused in R.C.C. No. 374 of 2023 pending on the file of learned Judicial Magistrate First Class, 1st Court, Kalyan, District Thane arising out of C.R. No. I-104 of 2023, registered with Khadakapada Police Station, Kalyan, District Thane, under Ss. 376 (2) (n), 509, 328 and 420 of the Indian Penal Code , has prayed for quashing of said crime with the consent of Respondent No.1, the informant.

(2.) Learned Advocate for Petitioner submitted that, Petitioner and Respondent No.1 have resolved all their differences and disputes and Respondent No.1 has agreed to give her consent to quash the crime in question. He submitted that, the relations between Petitioner and Respondent No.1 were consensual in nature, as can be deciphered from the perusal of First Information Report. That, when the said relations were strained and Respondent No.1 realized that she has been financially duped by the Petitioner, she lodged present crime.

(3.) Learned Advocate for Respondent No.1 has tendered across the bar her Affidavit dtd. 23/6/2023, duly affirmed before a Notary Public. In para No.4 thereof, the Respondent No.1 has stated that, Petitioner repaid the money advanced by her and due to the intervention of their common friends, family members and well wishers, she and Petitioner have settled the matter amicably to focus on their individual future lives. In para No.5 thereof, she has in unequivocal terms given unconditional consent for quashing of R.C.C. No. 374 of 2023 arising out of C.R. No. I-104 of 2023.