Riyazul Hussain Akhtar Ali Shaikh And ANR v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5056 OF 2017 Riyazul Hussain Akhtar Ali Shaikh & Anr.

... Petitioners

Versus

The State of Maharashtra & Anr.

... Respondents .......

• Mr. Ashish S. Chavan a/w Mr. Aditya Iyer & Aishwarya Kantawala for Petitioners.

• Mr. K. V. Saste, APP for State - Respondent No.1. • Mr. Prasad Dhalwalkar for Respondent No.2.

CORAM : B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE : 21st NOVEMBER, 2018.

P.C. :

1.

Petitioner No.1 before us is now husband of Respondent No.2, the original complainant. The Petitioner No.2 is his maternal uncle.

2.

The parties jointly request for quashing of FIR and charge-sheet u/s 376, 417, 107, 109 and 506(2) of the Indian Penal Code. The FIR is registered on 27/04/2017. Nesarikar

2 / 2 15-WP-5056-17.odt 3.

Respondent No.2 is 25 years old today. She is present in Court with her Counsel and has filed an affidavit on 25/10/2017, explaining therein the circumstances in which because of some misunderstanding and family pressure she was induced to file police complaint.

4.

It is not in dispute that she has been married with Petitioner No.1 on 24/05/2018. The Certificate of Marriage bearing No.50085265 issued by Registrar of Marriages is also produced on record today by her. It is taken on record at Ex.'X'. 5.

In view of this development, in peculiar situation, we make Rule absolute in terms of prayer clause (a). (SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.)