Saeed Sagir Shaikh And ORS v. State Of Maharashtra And ANR

1/2 WP 2859 of 2016 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPEALLATE JURISDICTION CRIMINAL WRIT PETITION No. 2859 OF 2016 Mr. Saeed Sagir Shaikh and Ors.

...Petitioners

Vs.

State of Maharashtra and Anr.

...Respondents

****** Mr. Jaywant Ramdas Avhad for the Petitioners Mrs. M.H. Mhatre -APP for the Respondent -State ****** CORAM : V. M. KANADE & Ms. NUTAN D. SARDESSAI, JJ.

DATE : DECEMBER 8, 2016 P.C. :

1.

Heard the learned counsel appearing on behalf of the Petitioner, learned APP for the State and the learned counsel appearing on behalf of Respondent -2, Original Complainant.

2.

The petition is filed for quashing the criminal complaint being C.R. No. 251 of 2016 registered at Park Site Police Station (resulted Police Case No. 897/ PW/ 2015) filed by Respondent No.2 for the offence punishable under section 498A, 406, 373, 504, 506 r/w. 34 of the Indian Penal Code. The parties have now settled the dispute amicably. We have interviewed Respondent No.2. She has stated that she has no

2/2 WP 2859 of 2016 objection if the complaint is quashed.

3.

The ratio or the judgment of the Apex Court in the case of B.S. Joshi Vs. State of Haryana and Anr. [(1998) 5 SCC 749] would squarely apply to the facts of the present case. Quashing of complaint is in the best interest of the Complainant -Respondent No.2. Respondent No.2 is 25 years' old and she has good chance of getting remarry. 4.

In view of the aforesaid submissions, the writ petition is allowed in terms of prayer clause (a) and is disposed. Ms. NUTAN D. SARDESSAI, J.

V.M. KANADE, J.

Vaishali Tikam