Irfan Siddique Babla And ORS v. State Of Maharashtra And ANR

NSK 81-wp-1965-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1965 OF 2023 Irfan Siddique Babla & Ors.

...Petitioners

V/s.

The State of Maharashtra & Anr.

...Respondents

Ms.Deepa Panicker, for the Petitioners.

Mr.G.P. Mulekar, APP for the Respondent-State. Ms.Nibhayha, for Respondent No.2.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 28th JUNE 2023 P.C.

1.

This is an Application under Section 482 of Cr.P.C. for quashing of FIR No.1247 of 2022 registered with Malad Police Station, under Section 354, 509, 323, 504, 506, 341 read with 34 by the husband and in laws of Respondent No.2 with her consent. 2.

Learned Advocate for the Petitioners submitted that the present crime is registered basically out of the matrimonial discord, implicating husband and in laws. That, the Applicant No.1 and Respondent No.2 have now amicably settled their differences and Respondent No.2 has decided not to pursue with the present case. She therefore, submitted that, the present crime may be quashed. 1/2

NSK 81-wp-1965-2023 3.

Learned Advocate for the Respondent No.2 submitted that, Respondent No.2 has filed an affidavit dated 16th May 2023 duly affirmed before the Assistant Registrar of this Court. In paragraph No.4 thereof, the Respondent No.2 has given her ' no objection' for quashing of the crime in question. Respondent No.2 personally present in the Court and through her Advocate reiterates contents of her affidavit dated 16th May 2023 and her 'no objection' for quashing of the crime in question.

4.

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

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2