Salman Ansar Shaikh And ORS v. Kaynat Salman Shaikh And ANR
ssm 1 33-wp2090.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2090 OF 2023 Salman Ansar Shaikh & Ors.
.....Petitioners Vs.
Kaynat Salman Shaikh & Anr.
.....Respondents Adv. Mohammed Akbar Ansari for the Petitioners. Adv. Shruti Pednekar a/w Adv. Chetan Muley for the Respondent No.1. Mr. Ajay Patil APP, for the Respondent-State. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.
DATE : 27th JUNE, 2023.
P.C.:- 1) Petitioners i.e. husband and in-laws of Respondent No.1 have filed present Petition for quashing of C.C. No.1298/PW/2022 pending on the file of Metropolitan Magistrate, 49th Court Vikhroli, Mumbai arising out of C.R. No.542 of 2021 registered with Ghatkopar Police Station, Mumbai under Sections 498A, 406, 323, 504 and 506 read with Section 34 of the Indian Penal Code, with consent of Respondent No.1. 2) Learned Advocate for the Petitioners submitted that, the Petitioner No.1 and Respondent No.1 have executed Consent Terms dated 20th February, 2023 in the Family Court at Bandra, Mumbai in Petition No.B4 of 2021. In paragraph No.(g) thereof, the Petitioner No.1 and Respondent No.1 have agreed to put an end to all the criminal litigations 1/2
ssm 2 33-wp2090.23.doc filed against each other and family members of Petitioner No.1 That, present Petition is filed in furtherance of the said Consent Terms dated 20th February, 2023.
3) Learned Advocate for the Respondent No.1 tendered across the bar her Affidavit dated 28th April, 2023 duly affirmed before a Notary Public. In paragraph No.11 thereof, Respondent No.1 has given her 'no objection' for quashing of the crime in question. Respondent No.1 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 28th April, 2023 and her 'no objection' for quashing of C.C. No.1298/PW/2022. 4) In view of the above, Petition is allowed in terms of prayer clause (a).
(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2023.07.05 11:51:35 +0530 SANJIV SHARNAPPA MASHALKAR 2/2