Waseem Kondaji Shaikh v. Sana Ansari And ANR

1 905 @ 8-APL 873-18 @ APL 302-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.873 OF 2018 Waseem Kondaji Shaikh.

] ... Applicant

Versus

Sana Ansari & Anr.

] ... Respondents ALONG WITH CRIMINAL APPLICATION NO.302 OF 2015 Mrs. Shireen Kamadoli & Anr.

] ... Applicants

Versus

The State of Maharashtra & Anr.

] ... Respondents Mr. A. S. Maniyar for Applicants in both Criminal Applications. Mr. F. R. Shaikh, APP for State - in both Criminal Applications. Ms. Rebecca Dias i/b Maharashtra Legal Associates for Respondent No.1 in Criminal Application No.873 of 2018 and for Respondent No.2 in Criminal Application No.302 of 2015.

CORAM :- B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE :- DECEMBER 22, 2018 P. C. :- 1.

Parties are present with their respective Advocates. URS 1 of 2

2 905 @ 8-APL 873-18 @ APL 302-15.odt 2.

Their Advocates pointed out that in Criminal Writ Petition No.1938 of 2017 filed for quashing of the Domestic Violence proceeding, Consent Terms were arrived at and have been recorded by this Court. Criminal Writ Petition No.1938 of 2017 was, therefore, disposed of on 15/01/2018.

3.

Term No.7 thereof also pertains to FIR No.537 of 2014. The FIR is essentially under Sections 498A of the IPC and there are other provisions like Sections 406, 323 and 354 read with 34 of the IPC.

4.

The accused persons have filed these two Criminal Applications for quashing of that FIR.

5.

In view of the joint request and the fact that the Consent Terms are already filed, we quash and set aside the FIR No.537 of 2014 and make Rule absolute. No costs.

(SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.) URS 2 of 2