Mohammed Nizamuddin Khalil Ansari v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 744 OF 2024 Mohammed Nizamuddin Khalil Ansari

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

....

Mr. Rajeshkumar Salpuram, Mr. Abu Bakar Khan, Mr. Sumit D. Bhandare, Advocate for the Petitioner.

Mr. Ashraf Kapoor i/by Mr. Akram Kapoor for Respondent No.2. Mr. A. S. Shalgaonkar, APP for the Respondent - State. PSI. Mr. Santosh Dhanlagade (Pairavi Adhikari), Kurla Police Station, present.

....

CORAM

:

PRAKASH D. NAIK, & N. R. BORKAR, JJ.

DATE :

7th MARCH, 2024.

P.C.

:

1.

The Petitioner is challenging the proceedings in C.C. No.101/ PW/2021 pending before the Court of learned Metropolitan Magistrate, 51st Court at Kurla, Mumbai. The First Information Report (for short 'FIR') was registered on 14.08.2020 with Kurla Police Station, Mumbai vide FIR No.355 of 2020 at the instance of Respondent No.2 for offences punishable under Sections 354, 354(D) of Indian Penal Code (for short "IPC"). 2.

It is submitted that the parties have resolved the differences Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.03.08 18:42:14 +0530 SAJAKALI LIYAKAT JAMADAR

and the impugned proceedings can be quashed with the consent of Respondent No.2/Complainant.

3.

The Complainant/Respondent No.2 is present in the Court. She has expressed her consent for quashing the impugned proceedings. She has filed Affidavit. She is represented by Advocate.

4.

In the Affidavit filed by Respondent No.2 it is stated that the matter has been settled with the Petitioner. She is getting married. She has no grievances and grudges against the Petitioner and do not wish to proceed further in the case registered at her instance. The affidavit is taken on record.

5.

Since the parties have resolved the differences and Respondent No.2/Complainant has no objection for quashing the proceedings, relief sought in this Petition can be granted.

ORDER

i.

Criminal Writ Petition No.744 of 2024 is allowed and disposed off;

ii.

Criminal Proceedings in C.C. No.101/PW/2021 pending before the learned Metropolitan Magistrate, 51st Court, at Kurla, Mumbai which are arising out of FIR No.355 of 2020 registered with Kurla Police Station, Mumbai is quashed and set aside.

iii.

The Petitioner shall pay cost of Rs.25,000/- to Advocates Association of Western India Generation Next within a period of three weeks from today. The Account details are as under:

Account Name : Advocates Association of Western India Generation Next A/c No.

: 000110110007807 Bank Name : Bank of India Branch Name : Mumbai Main IFSC Code : BKID0000001 iv.

The receipt of payment of cost be produced in the Registry of this Court within one week thereafter. v.

List the application for reporting the compliance after five weeks.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)