Salim Ahmed Shaikh And ORS v. The State Of Maharashtra And ANR

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 461 OF 2018 Salim Ahmed Shaikh and ors.

.. Petitioners Vs.

The State of Maharashtra and anr.

.. Respondents Mr. Abdul J. Koatwala a/w Ms.Shazia Bano M.Shoeb i/b Sumaira Legal Associates, for the Petitioners. Mr.Arfan Sait, APP for State.

Mr.Khalid M.I.Ansari, for Respondent No.2.

CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

22nd FEBRUARY, 2018 ORAL JUDGMENT (PER SMT.

V.K.TAHILRAMANI ACTING C.J.) :

1.

Rule. Rule is made returnable forthwith and the matter is heard finally with the consent of the parties. 2.

The petitioners are seeking quashing of C.R. No. 58/2016 of Sir J.J. Marg, Police Station, Mumbai. The said case is under Sections 498A and 406 read with Section 34 of IPC. The case is pending before learned Metropolitan Magistrate, 69th Court, Mazgaon, Sewree, Mumbai and it is numbered as 1/3

Criminal Case No. 799/PW/2017. Petitioner No. 4 was husband of respondent No.2 - original complainant. Petitioners No. 1 & 2 are parents of petitioner No.4. Petitioner No. 3 is the brother of petitioner No.4.

3.

Heard learned Counsel for the petitioners - original accused Nos. 1 to 4, learned Counsel for the respondent No.2 - original complainant and learned APP for the State. 4.

The complainant i.e. respondent No.2 is present before the Court. She has stated that FIR was lodged on account of matrimonial dispute and the parties have now amicably settled the dispute. She has already given divorce to petitioner No.4. The case filed by her under the Protection of Women from Domestic Violence Act, 2005 against the petitioners is also disposed of. She has stated that parties have agreed to resolve the matter amicably and she has decided not to pursue the FIR and proceedings relating thereto. She has further stated that she has consented for quashing of the said FIR and proceedings 2/3

relating thereto. She has also tendered affidavit to the said effect. Petitioner No.4 has handed over Demand Draft of Rs.6 lakhs having No. 038307 dated 04/01/2018 drawn on HDFC Bank, Mohamed Ali Road Branch, Mumbai to respondent No.2. The said Demand Draft is in the name of respondent No.2. She acknowledges the receipt of the same. Copy of the Demand Draft is also taken on record along with her Aadhar Card. They along with affidavit are marked 'X' collectively for identification. 5.

Looking to the fact that it is a matrimonial dispute and it has been amicably settled between the parties, we are of the opinion that the said case can be quashed in view of the decision of the Supreme Court in the case of Gian Singh Vs. State of Punjab and anr. (2012) 10 SCC 303. Looking to the above fact, C.R. No. 58/2016 of Sir J.J. Marg Police Station and proceedings relating thereto are quashed.

6.

Rule is made absolute in the above terms.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 3/3