Harun Rashid Abdul Mutlib And ORS v. The Sr. Police Inspector And ORS

CAJ 37-Apl-716-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 716 OF 2019 Harun Rashid Abdul Mutlib And Ors.

... Applicants V/s.

The Sr. Police Inspector And Ors.

... Respondents Mr. Mateen Shaikh for Applicants.

Mr. Ajay Patil, APP for Respondent-State.

Ms. Muskan Shaikh for Respondent No.3.

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

DATE : 30th JUNE, 2023.

P.C. :

1.

By the present Application, under Section 482 of the Cr.P.C., Applicants i.e. husband and in-laws of Respondent No.3 have prayed for quashing of C.C. No.2177/PW/2018 pending on the file of 57th Metropolitan Magistrate, Kurla, Mumbai, arising out of C.R. No. 250 of 2018 registered with Shivaji Nagar Police Station, Govandi, Mumbai, under Sections 498A, 323, 406, 504 read with Section 34 of the Indian Penal Code.

2.

Learned Advocate for Respondent No.3 submitted that, Respondent No.3 has filed an Affidavit dated 8th February, 2018 duly affirmed before the Assistant Registrar of this Court and in para No.2 thereof, she has stated that she herself returned to her matrimonial home after realizing her mistakes and is living with her husband peacefully 1/2

CAJ 37-Apl-716-2019.odt without any interference of her family members. In Para No.4 thereof, she has given her no objection for quashing of the crime in question. Respondent No.3 is personally present in the Court and through her Advocate reiterates contents of her Affidavit dated 8th February, 2018 and her "no objection" for quashing of C.C. No.2177/PW/2018 arising out of C.R. No. 250 of 2018.

3.

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

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