Mohd Shamsher Jafar Shaikh And ANR v. State Of Maharashtra And ANR

ssm 1 52-wp4141.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4141 OF 2022 Mohd Shamsher Jafar Shaikh & Anr.

.....Petitioners Vs.

The State Of Maharashtra & Anr.

.....Respondents Adv. Manpreet Kaur i/by Falcon Legal Mr. for the Petitioners. Mrs. M.M. Deshmukh APP, for the Respondent-State. Mr. Pramod Pandey for the Respondent No.2.

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

DATE : 14th JULY, 2023.

P.C.:- 1) Petitioners i.e. husband and in-laws of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India and under Section 482 of Cr.P.C. for quashing of C.R. No.973 of 2020 dated 22nd December, 2020 registered with Andheri Police Station, Mumbai under Sections 498A, 406, 504, 506, 323 read with Section 34 of the IPC, with consent of Respondent No.2.

2) Learned counsel for the Petitioners on instructions submitted that, till date police have not submitted charge-sheet. The said statement is accepted.

3) Learned Advocate for the Respondent No.2 tendered across the bar her Affidavit dated 14th July, 2023, duly affirmed before a Notary Public. 1/2

ssm 2 52-wp4141.22.doc Learned Advocate on instructions submitted that, all the terms and conditions so mentioned in the Affidavit so also mentioned in the Consent Terms filed before the learned Magistrate in C.C. No.67/DV/2020 have been complied with by the Petitioners. In paragraph No.3 thereof, Respondent No.2 has given her 'no objection' 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 14th July, 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 (b).

(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) SANJIV SHARNAPPA MASHALKAR Date: 2023.07.17 19:01:53 +0530 SANJIV SHARNAPPA MASHALKAR 2/2