Mohd Faizan Abdul Hakeem Ollachery And ORS. v. Nazneen Faizan Ollachery And ORS.
ssm 1 12-apl1270.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 1270 OF 2019 Mohd Faizan Abdul Hakeem Ollachery & Ors.
.....Applicants Vs.
Nazneen Faizan Ollachery & Ors.
.....Respondents Mr. C.K. Talekar a/w Mr. Javed Rathod for the Applicants. Mr. Rayyan Nasir a/w Nasir Mohd. i/by Y.P. Marbale for the Respondent No.1.
Mr. Ajay Patil APP, for the Respondent Nos.2 and 3-State. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.
DATE : 26th JULY, 2023.
P.C.:- 1) Husband and in-laws of Respondent No.1 have filed present Application under Section 482 of Cr.P.C. for quashing of C.R. No.250 of 2019 (I-100 of 2019) dated 29th June, 2019 registered with Manmad City Police Station, District Nashik under Sections 498A, 323, 406, 504, 506 read with Section 34 of the Indian Penal Code, with consent of Respondent No.1.
2) Learned Advocate for the Applicants, on instructions, submitted that, till date the investigation of the present crime has not been completed. The said statement is accepted.
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ssm 2 12-apl1270.19.doc 3) Learned Advocate for the Respondent No.1 submitted that, the Applicant No.1 and Respondent No.1 have settled their disputes and differences amicably and Respondent No.1 has executed an Affidavit dated 19th July, 2023 duly affirmed before the Assistant Registrar of this Court. It is stated therein that, as per the Compromise Pursis dated 20th July, 2019 filed by the Applicant No.1 and Respondent No.1 before the Judicial Magistrate First Class, Manmad in Case No. Cri.M.A./25/18 they have agreed to settle all their differences. The Respondent No.2 has no objection for quashing the present crime. That, she is giving her free consent without any force, coercion or undue influence for quashing of the crime. Respondent No.1 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 19th 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 (a).
(SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date: 2023.08.02 11:04:46 +0530 SANJIV SHARNAPPA MASHALKAR 2/2