Sanah Yusuf Khan And ANR v. State Of Maharashtra And ANR

: 1 :

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.970 OF 2024 Sanah Yusuf Khan and others .....Petitioners

Versus

The State of Maharashtra and another .....Respondents ----- Mr. Vikram V. Tare-Patil, Advocate for the Petitioners. Mr. B.V. Holambe-Patil, APP for the Respondent No.1-State. Mr. Vivek Kumar Prajapati, Advocate for the Respondent No.2. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 05th FEBRUARY, 2025 P.C. :

1.

This is a Petition for quashing of the FIR registered vide C.R. No.281/2023 at Goregaon police station, Mumbai under sections 406, 498-A, 504, 506 read with 34 of IPC. 2.

Heard Mr. Vikram V. Tare-Patil, learned counsel for the Petitioners, Mr. B.V. Holambe-Patil, learned APP for the Respondent No.1-State and Mr. Vivek Kumar Prajapati, learned counsel for the Respondent No.2.

by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2025.02.10 11:27:05 +0530 Deshmane(PS) PRADIPKUMAR PRAKASHRAO DESHMANE

: 2 :

3.

The FIR is lodged by the Respondent No.2. She has stated that she got married with the Petitioner No.3 on 16.1.2021. The other two Petitioners are his parents. The informant's parents spent for the expenses and ornaments. There are certain allegations in the FIR in respect of quarrels between the couple, some demands made and some instances where the Petitioner No.3 had displayed his anger issue. 4.

However, it is not necessary to go into the details of the allegations because now the parties have settled their dispute and the informant has started residing together with the Petitioners. She has filed her affidavit giving consent for quashing of these proceedings. She has stated in her affidavit that she has started residing with the Petitioner No.3 from 2.2.2025. The Petitioner No.3 has agreed that the informant can continue with her practice as a Dentist and also can take further education as she wished. The Petitioners have agreed to hand over stridhan to her.

5.

The Respondent No.2 is present before the Court and she reiterated the statements made in the affidavit. Even

: 3 :

the husband is present in the Court. Both of them have stated before the Court that they will cohabit happily together. 6.

Considering the stand taken by both the parties and in the interest of their matrimonial life, we are inclined to allow this Petition. No purpose will be served in continuing with these proceedings.

7.

Hence, the following order:

:: O R D E R ::

i.

The FIR being C.R. No.281/2023 registered at Goregaon police station, Mumbai and the consequent proceedings arising out of the same, are quashed and set aside.

ii.

The Petition is disposed of accordingly.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS)