Shahanawaz Jamshed Khan And ORS. v. State Of Maharashtra And ANR.

SLJ 62-WP-1095-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1095 OF 2023 Shahanawaz Jamshed Khan And Ors.

...Petitioners

V/s.

State Of Maharashtra And Anr.

...Respondents

Mr. Adnan Shaikh i/by Ms. Anjali Joshi for Petitioners. Mr. S. S. Hulke, A.P.P. for Respondent No.1-State. Ms. Drishti Khurana for Respondent No.2.

CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 12th APRIL 2023.

P.C.:- .

Petitioners i.e. husband and in-laws of Respondent No.2 have filed present Petition for quashing of the Case No.860/PW/2018 pending on the file of learned Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai, arising out of C.R. No.153 of 2016 registered with Oshiwara Police Station, Mumbai, for offences under Sections 498(A) & 406 read with Section 34 of Indian Penal Code by consent of Respondent No.2. 2.

Respondent No.2 has filed an Affidavit dated 03.03.2023 and in Paragraph-4 thereof, she has given her consent for quashing of the said Case No.860/PW/2018 pending on the file of learned Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.04.15 15:29:44 +0530 SAJAKALI LIYAKAT JAMADAR 1/2

SLJ 62-WP-1095-2023.doc Respondent No.2 is personally present in the Court and through her Advocate reiterated the contents of her Affidavit dated 03.03.2023 and her consent to quash the said Case No.860/PW/2018 pending on the file of learned Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai 3.

In view of the above, Petition is allowed in terms of prayer Clause (A).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2