Mohammed Ali S/O Jamil Khatri v. State Of Maharashtra And ANR

Osk 52-Wp-1814-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1814 OF 2023 Mohammed Ali s/o. Jamil Khatri & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Sushil Upadhyay i/b. Mr. Ashok M. Saraogi for Petitioner. Mrs.M.M. Deshmukh, A.P.P. for Respondent No.1-State. Mr. Faiza A. Dhanani i/b. CUE Legal for Respondent No.2. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 5th June 2023.

P.C. :

1.

In furtherance of facts recorded in para No.7 of Order dated 19th December 2022, learned counsel for Respondent No.2 submitted that, the Petitioner No.1 and Respondent No.2 have started cohabiting together in a separate premises. Respondent No.2 has filed affidavit dated 19th December 2022 and in para Nos.8 and 10 thereof has given her 'No objection' for quashing of F.I.R. No. 934 of 2022 dated 20th August 2022, registered with Amboli Police Station, Mumbai.

2.

In view of the facts recorded in Order dated 19th December 2022 and the affidavit dated 19th December 2022 filed by Respondent No.2, Petition is allowed in terms of prayer Clause (a). [ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.06.06 16:34:01 +0530 1/1 OMKAR SHIVAHAR KUMBHAKARN