Abdul Salam Iqbal Hamdule And ANR v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1219 OF 2023 Abdul Salam Iqbal Hamdule and another Petitioners versus The State of Maharashtra and another Respondents Ms.Anandini Fernandes and Nikhil Maneshinde, Advocate for Petitioners.

Ms.G.P.Mulekar, APP, for State.

Mr.Ajay Talreja, Advocate for Respondent no.2. PSI S.B.Chavan, Vashi Police Station, present. CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 26th April 2023 PC :

1.

Petitioners i.e. husband and mother in law of Respondent no.2 has filed present Petition for quashing of R.C.C No.1603 of 2014 pending on the file of Judicial Magistrate First Class, CBD Belapur, Navi Mumbai arising out of C.R No.331 of 2014 registered with Vashi Police Station, under Sections 498-A, 323, 504, 506 read with 34 of IPC.

2.

Respondent no.2 has affirmed an Affidavit dated 17th April 2023 before Assistant Registrar of this Court. It is stated therein that, she has resolved differences between herself and the Petitioners MANISH SURESH THATTE by MANISH SURESH THATTE Date: 2023.05.04 09:45:31 +0530 amicably and without any undue influence, coercion or pressure on her, she has affirmed the Affidavit. In paragraph no.5 she has given

2 of 2 46.WP.1219.2023.doc her `no objection' for quashing of said R.C.C No.1603 of 2014 pending on the file of Judicial Magistrate First Class, CBD Belapur arising out of C.R No.331 of 2014 registered with Vashi Police Station, Navi Mumbai.

3.

Respondent no.2 is personally present in Court and through her Advocate reiterated the contents of her Affidavit dated 17th April 2023 and her `No Objection' for quashing R.C.C No.1603 of 2014. 4.

In view thereof, Petition is allowed in terms of prayer clause (a).

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST