Shabnam Mohd. Ismail Kharidi And ANR v. State Of Maharashtra

p-521-wp-1341-24.doc by DINESH SADANAND SHERLA Date:

2024.04.19 15:01:20 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1341 OF 2024 1.

Mrs. Shabnam Mohd. Ismail Kharidi 2.

Mrs. Rukayya Banu G. Khan

...Petitioners

Versus

1.

State of Maharashtra 2.

Mrs. Talat Tawab Mallik

...Respondents

Ms Divya Parab a/w. Mr. Shamim Siddiqui for the Petitioners. Ms Rutuja Ambekar, APP for the Respondent/State. Adv. Prathama Gawade for Respondent No.2.

CORAM

:

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

DATE :

17.04.2024.

PC:- 1.

Not on board. Taken on board.

2.

The petitioners were impleaded as accused in the First Information Report (FIR) dated 3.11.2023 registered with Saki Naka Police Station, Mumbai vide C.R. No. 1040 of 2023 for the ofence under Sections 498-AA, 323, 500 and 504 read with 34 of the Indian Penal Code.

3.

The petitioner Nos.1 and 2 are sisterAinAlaws of respondent No.2.

4.

The parties have settled the dispute. Respondent No.2/complainant has no objection to quash the proceedings only against the petitioners.

Dinesh S. Sherla 1/2

p-521-wp-1341-24.doc 5.

The complainant is present in the Court. She is represented and identifed by the Advocate. She has fled the consent afdavit for quashing the proceedings. 6.

In the afdavit fled by the complainant, it is stated that the complainant and the petitioners have entered into consent terms and the matter is settled between them. The prayer in the petition for quashing the FIR may be granted. The afdavit is taken on record.

7.

In view of the settlement between the parties, the prayer for quashing the FIR can be granted.

ORDER

a] Criminal Writ Petition is allowed.

b] The impugned FIR No. 1040 of 2023 dated 3.11.2023 registered with Saki Naka Police Station, Mumbai for the ofence under Sections 498-AA, 323, 500 and 504 read with 34 of the Indian Penal Code is quashed and set aside qua the petitioners.

(N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dinesh S. Sherla 2/2