Shamshuddin Nuruddin Dosani And ORS v. State Of Maharashtra And ANR
2024:BHC-AS:27175-DB rdg 36-wp-2409-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2409 OF 2024 Shamshuddin Nuruddin Dosani & Ors.
.....Petitioners Vs.
The State Of Maharashtra & Anr.
.....Respondents Mr. Sajid Shamim with Mr. Sharif Lakdawala, i/b. S. Shamim & Co., for the Petitioners.
Mr. Vinit A. Kulkarni, APP, for Respondent No.1-State. Mr. Gangurde, PSI, Versova Police Station, Mumbai is present. CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.
DATE : 5th JULY, 2024.
P.C.:- 1) Husband and in-laws of Respondent No.2 have filed the present Petition under Article 226 of the Constitution of India for quashing of the C.C.No.2081/PW/2022 pending on the file of Metropolitan Magistrate, 44th Court, Mumbai arising out of C.R.No.28 of 2022 dated 28th January 2022 under Section 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code with the consent of Respondent No.2, the informant. 2) Learned Advocate for Respondent No.2 submitted that, the Petitioner No.1 and Respondent No.2 have settled their disputes and differences and have filed Consent Terms dated 6th September 2023 in Writ 1/2
rdg 36-wp-2409-2024.doc Petition NO.2333 of 2023. That, in pursuance of said Consent Terms, the Respondent No.2 has filed Affidavit dated 21st June 2024, duly affirmed before a Notary Public, giving her consent for quashing of the crime in question. In the said Affidavit, the Respondent No.2 has admitted the fact of execution of Consent Terms in Writ Petition No.2333 of the 2023. 2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 21st June 2024 and her 'no objection' for quashing of crime in question. 3) In view of the above, the Petition is allowed in terms of prayer clause (a) (DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 11/07/2024 13:35:13