Zain Arif Khan And ORS. v. State Of Maharashtra And ANR.

Osk 52-Wp-4520-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4520 OF 2022 Zain Arif Khan & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents None for Petitioners.

Mr.Ajay Patil, A.P.P. for Respondent No.1-State. Ms.Shunezi Sheikh, Respondent No.2 in-person. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 17th March 2023.

P.C. :

1.

Present Petition was called out in the morning session, when none appeared for the Petitioner and therefore the Petition was kept back. In the second session also when the Petition was called out for hearing, none appeared for the Petitioners.

2.

Respondent No.2, Ms.Shunezi Sheikh is personally present in the Court and submitted that, she wants to resile from her statement for quashing of First Information Report by consent, as despite execution of Deed of Divorce Khulanama (page 19 to 24 of Petition) dated 2nd November 2022, she has been subjected to mental torture and harassment by the Petitioner No.1. She is therefore not consenting for quashing of present First Information Report filed against the Petitioners. 1/2

Osk 52-Wp-4520-2022.odt 3.

As none appeared for the Petitioners even on second call, it appears that the Petitioners are not interested in pursuing present Petition. Petition is dismissed for non-prosecution.

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date: 2023.03.21 10:43:56 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2