Intekhab Alam Mohd Naseem Khan And ORS v. The State Of Maharashtra And ANR

SLJ 24-WP-1191-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1191 OF 2023 Intekhab Alam Mohd Naseem Khan And Ors.

...Petitioners

V/s.

The State Of Maharashtra And Anr.

...Respondents

Mr. Abhimanyu R. Pandey for Petitioners.

Mrs. G. P. Mulekar, A.P.P. for Respondent-State. Mr. Akhilesh Singh i/by Legal Brains for Respondent No.2. Mr. B.D. Chavan (P.S.I.) Sakinaka Police Station, Mumbai. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 31st MARCH 2023.

P.C.:- .

By the present Petition, Petitioner No.1-husband and other Petitioners i.e. in-laws, of Respondent No.2 have prayed for quashing of C.C.No.2361/ PW/2022 pending on the file of learned Metropolitan Magistrate 66th Court at Andheri, Mumbai arising out of C.R. No.1632 of 2022 registered with Sakinaka Police Station, Mumbai, for offences under Sections 498(A), 406, 323, 504, 506 read with Section 34 of Indian Penal Code by consent of Respondent No.2.

2.

Mr. Sing, learned Advocate for Respondent N.2 submitted that, the Respondent No.2 has filed an Affidavit dated 30.12.2022 in the present Petition and has given her 'no objection to quash the said proceedings i.e. C.C.No.2361/PW/2022.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.04.05 18:06:56 +0530 1/2 SAJAKALI LIYAKAT JAMADAR

SLJ 24-WP-1191-2023.doc 3.

Respondent No.2 is personally present in the Court and through her Advocate reiterated the contents of the Affidavit dated 30.12.2022 and her '

no objection' in quashing the said C.C.No.2361/PW/2022 pending on the file of learned Metropolitan Magistrate 66th Court at Andheri, Mumbai arising out of C.R. No.1632 of 2022 registered with Sakinaka Police Station, Mumbai.

4.

In view of the above, Petition is allowed in terms of prayer Clause (a).

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2