Rahamansab Abdul Shaikh And ORS v. The State Of Maharashtra And An

45-WP-621-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 621 OF 2024 Rahamansab Abdul Shaikh & Ors.

...Petitioners

Versus

The State of Maharashtra & Anr.

...Respondents

....

Mr. Akshay Lengare, Advocate for the Petitioners. Mr. Jotiram Jadhav, Advocate for Respondent No.2. Mr. V.A. Kulkarni, APP for the Respondent No.1 - State. ....

CORAM

:

PRAKASH D. NAIK, & N. R. BORKAR, JJ.

DATE :

23rd FEBRUARY, 2024.

P.C.

:

1.

The First Information Report (for short 'FIR') dated 23rd September 2023 has been registered against the Petitioners vide C.R. No.225 of 2023 with Kalamboli Police Station, Navi Mumbai for offences punishable under Sections 498-A, 377 r/w Section 34 of Indian Penal Code (for short "IPC"). The FIR was registered at the instance of Respondent No.2.

2.

Petitioner No.1 is the husband of Respondent No.2 and Petitioner Nos.2 to 6 are relatives of Petitioner No.1. The parties have resolved the dispute. They have executed the Consent Terms Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.02.27 16:32:22 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

45-WP-621-2024.doc dated 12th January 2024. As per the Consent Terms it is agreed that the impugned FIR can be quashed with the consent of the parties. The Consent Terms indicate that the differences are resolved and the Respondent No.2 has joined the matrimonial home. The Respondent No.2 is present in the Court. She has filed Affidavit stating that the dispute is resolved and she has joined matrimonial home. She has no objection for quashing the impugned proceedings.

3.

Considering the fact that the dispute was on account of matrimonial discord which has been resolved and the Respondent No.2 has joined matrimonial home, the impugned FIR can be quashed.

ORDER

i.

Criminal Writ Petition is allowed and disposed off; ii.

The FIR dated 23rd September 2023 registered against the Petitioners vide C.R. No.225 of 2023 with Kalamboli Police Station, Navi Mumbai is quashed and set aside. (N. R. BORKAR, J.) (PRAKASH D. NAIK, J.) Sajakali Jamadar