Mohsin Mohammed Ishaque And ANR v. The State Of Maharashtra And ANR

NSK 10-apl-666-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 666 OF 2021 Mohsin Mohammed Ishaque & Ors.

...Applicants V/s.

The State of Maharahstra & Anr.

... Respondents by NILAM SANTOSH KAMBLE Date: 2023.08.07 15:44:32 +0530 NILAM SANTOSH KAMBLE Mr.Naqvi Shahood Anwar A. Hasan, for the Applicants. Mrs.G.P. Mulekar, APP for Respondent No.1-State. Mr.Gopalkishan R. Hegde, for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 02nd AUGUST 2023 P.C. :

1.

Husband and in-laws of Respondent No.2 have filed present Application under Section 482 of the Cr.P.C. for quashing of C.C. No.86/PW/2022 pending on the file of Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai arising out of C.R. No.389 of 2019 registered with Oshiwara Police Station, Mumbai under Sections 498-A, 406, 504 and 506 read with 34 of the Indian Penal Code and under Section 4 of Muslim Women Protection of Marriage Act, 2019, with the consent of Respondent No.2.

2.

Respondent No.2 has filed a Consent Affidavit dated 10th January 2022 duly affirmed before the Assistant Registrar of this Court. It 1/2

NSK 10-apl-666-2021.doc is stated therein that she has amicably resolved the matter with the Petitioners. That, she has filed Consent Terms in the Court of Civil Judge Senior Division, Thane in the matrimonial proceedings. She has given her consent for quashing of the present case.

Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 10th January 2022 and her 'no objection' for quashing of the crime in question. 3.

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

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