Safeer Ali Zahir Ali Khan And ORS. v. The State Of Maharashtra And ORS.

Balaji G.

Panchal 12-WP 1191-21.doc Balaji G. Panchal Date: 2021.03.22 17:59:34 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1191 OF 2021 Safeer Ali Zahir Ali Khan & Ors.

... Petitioners Vs.

The State of Maharashtra & Ors.

... Respondents ----- Mr.A.A. Siddiquie i/by A.A. Siddiquie & Associates for the Petitioners. Mrs.M.H. Mhatre, APP for the State.

Mr.S.K. Ali for Respondent No.3.

----- CORAM : S.S. SHINDE & MANISH PITALE, JJ.

DATE : 22ND MARCH, 2021 P.C. :

1.

The Petitioners have approached this Court by this Writ Petition seeking quashing of the FIR by consent of Respondent No.3 (original complainant). The FIR was registered against the Petitioners on 02/02/2020 for the offences under Sections 323, 324, 504 r/w. 34 of the Indian Penal Code, 1860 and subsequently offence under Section 326 of the Indian Penal Code, 1860 was added.

2.

We have perused the contents of the complainant as also the FIR and the injury report, which shows injuries on neck and back of the Mugdha Page 1 of 2

12-WP 1191-21.doc Respondent No.3.

3.

We are not inclined to allow quashing of the FIR on the basis of consent allegedly given by the Respondent No.3. We called upon the learned counsel appearing for the Petitioners to address us on merits on the question of quashing of FIR.

4.

At this stage, on instructions, the learned counsel appearing for the Petitioners sought leave to withdraw the present Writ Petition. Accordingly, leave granted. The Writ Petition is dismissed as withdrawn. (MANISH PITALE, J.) (S.S. SHINDE, J.) Mugdha Page 2 of 2