Nazir Abdul Ahmed (Husband Of Ori. Complainant) v. State Of Maharashtra And ORS
ssm 1 20-wp2543.23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2543 OF 2023 Nazir Abdul Ahmed (Husband Of Original Complainant) & Ors.
.....Petitioners Vs.
State Of Maharashtra & Ors.
.....Respondents Mr. Sanjay V. Vishwakarma a/w Adv. Rahil A. Siddiqui for the Petitioners. Mr. Ajay Patil APP, for the Respondent Nos. 1 and 2-State. Mr. Kewal Basagade for Respondent No.3.
CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.
DATE : 26th JULY, 2023.
P.C.:- 1) Husband, mother-in-law and sister-in-law of Respondent No.3 have filed present Petition for quashing of C.R. No.292 of 2021 dated 7 th July, 2021 registered with Cuffe Parade 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.3.
2) At the outset, learned Advocate for the Petitioners submitted that, till date police have not submitted charge-sheet in the present crime. The said statement is accepted.
3) Learned Advocate for the Petitioners submitted that, the Petitioners and Respondent No.3 have executed Mutual Consent Terms And 1/2
ssm 2 20-wp2543.23.doc Agreement And Settlement dated 2nd May, 2023 before the Metropolitan Magistrate, 23rd Court at Esplanade, Mumbai in C.C. No.01/DV/2021. In the said Consent Terms, the Respondent No.3 has agreed to settle the matter with the Petitioners and giving her consent for quashing of the crime in question. In furtherance of the said Consent Terms dated 2nd May, 2023 present Petition is filed.
4) Learned Advocate for the Respondent No.3 submitted that, Respondent No.3 has filed an Affidavit dated 22nd June, 2023 duly affirmed before a Notary Public. The Respondent No.3 has given her no objection and consent for quashing of the crime in question. Respondent No.3 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 22nd June, 2023 and her 'no objection' for quashing of the crime in question. 5) 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: 2023.08.02 11:05:04 +0530 SANJIV SHARNAPPA MASHALKAR 2/2