Khalil Abdul Gaffar Shaikh And ANR v. Javeriya Zuber Shaikh And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4555 OF 2022 Khalil Abdul Gaffar Shaikh & Anr.

.... Petitioners versus Javeriya Zuber Shaikh & Anr.

.... Respondents .......

• Ms. Tripty Kapadia a/w Chitra Mhaske i/b. Joy Legal Consultants, Advocate for Petitioners.

• Miss Tahera Abdul Rashid Qureshi, Advocate for Respondent No.1.

• Mr. N. B. Patil, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 20th JUNE, 2023 P.C. :

1.

Heard Ms. Tripty Kapadia, learned counsel for the Petitioners, Miss Tahera Abdul Rashid Qureshi, learned counsel for Respondent No.1 and Mr. N. B. Patil, learned APP for the State.

2.

Both the Petitioners as well as Respondent No.1 are present in the Court. They are identified by their respective counsel.

Nesarikar

2 / 3 3.

Both the learned counsel submitted that the matter is amicably settled between the parties. Both the learned counsel jointly presented copies of the Consent Terms. The Consent Terms are taken on record. They are marked as ' X' for identification. The parties have also tendered individual affidavits reiterating the factum of settlement between the parties. These three affidavits of both the Petitioner and Respondent No.1 are also taken on record. These documents are marked as 'X-1'

, '

X-2'

and '

X-3'

for identification.

4.

The Consent Terms records that the Petitioners have agreed to pay a sum of Rs.18 lakhs towards full and final settlement. Five Demand Drafts are handed over by the Petitioners to the Respondent No.1 in the Court today. 5.

In view of this settlement by consent, the Petition can be allowed. Therefore, the Rule is made returnable forthwith with consent of the parties and is made absolute in terms of prayer clause (b), which reads thus :

3 / 3 "(b) this hon'

ble Court be pleased to issue order under Section 482 of the Code of Criminal Procedure to quash and set aside the said Domestic Violence Petition No.437 of 2022 filed before The Chief JMFC, Thane."

6.

The Petition is disposed of.

(SARANG V. KOTWAL, J.)