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Bombay High CourtWP/2645/2023allowed

Mohd. Manzar Nisar Ahmed Siddique And ORS. v. State Of Maharashtra And ANR

2023-08-01Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shivkumar Dige2 pages

Osk 19-Wp-2645-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2645 OF 2023 Mohd. Manzar Nisar Ahmed Siddique & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Shadab Khopekar for Petitioners.

Mr. S.S. Hulke, A.P.P. for Respondent No.1-State. Adv. Taribun A. Khan for Respondent No.2.

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

DATE : 1st August 2023.

P.C. :

1.

Husband, father-in-law, mother-in-law and sisters-in-laws of Respondent No.2 have invoked jurisdiction of this Court under Article 226 of the Constitution of India for quashing of CR No.0932 of 2022 dated 27th November 2022, registered with Nagpada Police Station, Mumbai, under Sections 498A, 406, 354A, 509, 323, 504, 506 read with 34 of Indian Penal Code, with the consent of Respondent No.2.

2.

Learned Advocate for Petitioner submitted that, till date the police have not submitted chargesheet. The said statement is accepted. 3.

Respondent No.2 has filed an affidavit dated 13th July 2023 duly affirmed before a Notary Public. It is stated therein that, the Respondent 1/2

Osk 19-Wp-2645-2023.odt No.2 has compromised with Petitioner No.1 with the intervention of friends and relatives and has settled the dispute amicably. In para No.5 thereof, she has given her no objection for quashing of the present crime. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her affidavit dated 13th July 2023 and her 'no objection' for quashing the crime in question. 4.

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

[ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date: 2023.08.04 13:35:48 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2