Abdul Hannan Ehsan Ahmad Shaikh And ORS v. The State Of Maharashtra And ANR

SSK 6-wp-1625-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1625 OF 2023 Abdul Hannan Ehsan Ahmad Shaikh & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Viral Mukte i/b. Mr. Arun K. Rajput for Petitioners. Ms. M. M. Deshmukh, APP for Respondent-State. Mr. Afsor Ansari h/f. Mr. Vishnu Woni for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 8th JUNE, 2023.

P.C. :

1.

Petitioners i.e. husband (Petitioner No.1); mother-in-law (Petitioner No.2); sister-in-law (Petitioner No.3) and brother-in-law (Petitioner No.4) have filed the present Petition for quashing of C.C.No. 1300711/PW/2022 arising out of C.R.No.24 of 2020 registered with R.A.K.Marg Police Station, Mumbai, under Sections 498-A read with 34 of the Indian Penal Code with the consent of Respondent No.2 i.e. wife of Petitioner No.1. 2.

Learned Advocate for the Petitioners submitted that, Petitioner No.1 and Respondent No.2 have settled their dispute amicably and have executed Memorandum of Understanding dated 28th February 2023 and the same has been duly notarized before Shri O. P. Tiwari, Notary Public at Mumbai. That, in Paragraph Nos. 8 and 9 thereof, the Respondent No.2 has 1/2

SSK 6-wp-1625-2023.doc agreed for quashing of the said case by her consent. He submitted that Respondent No.2 has also affirmed an Affidavit dated 26th April 2023 before Shri A. H. Pavaskar, Notary Public in support of the said Memorandum of Understanding.

3.

Respondent No.2 is personally present in the Court and through her Advocate reiterated the contents of her Affidavit dated 26th April 2023 and her 'no objection' for quashing of the C.C.No.1300711/PW/2020 pending on the file of Metropolitan Magistrate, 13th Court, Bhoiwada, Dadar, Mumbai.

4.

In view thereof, the Petition is allowed in terms of prayer clause (a). (SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2