Bombay High CourtWP/3907/2022allowed

Jahangir Taufiq Shaikh And ANR v. State Of Maharashtra And ANR

2023-07-06Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shivkumar Dige2 pages

ssm 1 42-wp3907.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3907 OF 2022 Jahangir Taufiq Shaikh & Ors.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Adv. Karim Pathan a/w Adv. Fazlurrahman Shaikh for the Petitioners. Ms. G.P. Mulekar APP, for the Respondent-State. Adv. Aisha Farooqui i/by Adv. B.B. Tiwari for the Respondent No.2. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 6th JULY, 2023.

P.C.:- 1) Petitioners i.e. husband (Petitioner No.1), brother-in-law (Petitioner No.2), mother-in-law (Petitioner No.3) and sisters-in-law (Respondent Nos.4 and 5) of Respondent No.2 have filed present Petition for quashing of C.R. No.22 of 2021 registered with M.I.D.C. Police Station, Andheri, Mumbai under Sections 498A, 504 and 506 read with Section 34 of the Indian Penal Code and Section 4 of Protection of Muslim Women Marriage Act, 2019, with consent of Respondent No.2. 2) Learned Advocate for the Petitioners submitted that, till date police have not submitted charge-sheet. The said statement is accepted. 3) Respondent No.2 has filed an Affidavit dated 20th June, 2023 duly affirmed before a Notary Public, It is stated therein that, with the 1/2

ssm 2 42-wp3907.22.doc intervention of family and friends, Petitioner No.1 and Respondent No.2 have decided to settled their disputes and have entered into a mutual settlement. That, she has decided to withdraw the present crime filed against the Petitioners. In paragraph No.6 thereof, Respondent No.2 has given her consent for quashing of the crime in question. Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 20th June, 2023 and her 'no objection' for quashing of the crime in question. 4) In view of the above, Petition is allowed in terms of prayer clause (a).

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2023.07.17 18:35:13 +0530 SANJIV SHARNAPPA MASHALKAR 2/2