Raees Ahmed Inamullah Shaikh And ORS v. Sameera Muneer Shaikh And ANR

28-cri-apl-1777-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1777 OF 2019 Raees Ahmed Inamullah Shaikh & ors.

... Applicants V/s.

Sameera M. Shaikh & anr.

... Respondents ---------------- Mr. Ishrat Ali Khan for the Applicants.

Mr. Faizaan Qureshi for Respondent No.1.

Mr. K. V. Saste, APP for the Respondent - State. ----------------

CORAM

:

B.P. DHARMADHIKARI & N.R. BORKAR, JJ.

DATE :

FEBRUARY 6, 2020.

P.C.

1] The applicants are present with their advocate. Respondent No.1 is present with her advocate. APP appears for respondent No.2.

2] Respondent No.1 had fled a complaint against her father-in-law, mother-in-law and brother-in-law leading to registration of FIR under sections 498-A, 406, 504,506, 323 and 34 of IPC.

3] It appears that respondent No.1 and her husband, i.e., son of applicant Nos.1 and 2 had also fled Regular Civil Suit Dinesh Sherla 1/2

28-cri-apl-1777-19.doc No.546 of 2016 for declaration and injunction. The consent terms were reached and recorded in that suit. Accordingly, the plaintifs therein have been placed in vacant possession of Flat No. 201, 2nd Floor, B-Wing, Khushnuma Apartment as described in paragraph (f) of the consent terms. 4] In view of this settlement and consent terms, respondent No.1 had given no objection for quashing of criminal proceedings. She is present and has tendered an affidavit separately.

5] In this situation, accepting joint request, we make Rule absolute in terms of prayer clause (C). Criminal Application is accordingly allowed and disposed of.

(N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) Dinesh Sherla 2/2