Shaikh Hammad Shabbir Ahmed And ORS v. The State Of Maharashtra

RVC 30 Wp-1863-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1863 OF 2024 1.

Shaikh Hammad Shabbir Ahmed 2.

Shaikh Shamshad Shabbir Ahmed 3.

Shaikh Shabbir Ahmed Abdul Razzaque ... Petitioners V/s.

1.

The State of Maharashtra 2.

Mrs. Ifranaaz W/o. Hammad Shaikh ... Respondent Mr. Mohd. Saeed Moghul for Petitioners.

Smt. M.H. Mhatre, A.P.P. for Respondent No.1-State. Ms. Deepa Panicker a/w Mr. Azhar Shaikh for Respondent No.2. P.C. V.P. Salve, Chinchwad Police Station, Pune, present. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 11th September 2024.

P.C. :

1) Husband and in-laws of Respondent No.2 respectively have filed present Petition under Article 226 of the Constitution of India for quashing C.C. No.68 of 2022 pending on the file of Judicial Magistrate First Class, Pimpri, Pune arising out of C.R. No.214 of 2021 registered with Chinchwad Police Station, Pune, under Sections 498A, 324, 323, 504 read with 34 of the I.P.C., with the consent of Respondent No.2, the informant. 2) Learned Advocate for the Petitioners submitted that, Petitioner 1/2

RVC 30 Wp-1863-2024.doc No.1 and Respondent No.2 have settled their disputes and differences amicably and are now cohabiting together.

3) Learned counsel for Respondent No.2 submitted that, Respondent No.2 has already filed on record her Affidavit dated 20th March 2024, duly affirmed before a Notary Public. In the said Affidavit, Respondent No.2 has admitted the fact of an amicable settlement between the parties and that, she is now residing with Petitioner No.1 and their children. That, she does not wish to proceed with the present case. In para No.8 thereof, she has given no objection for quashing of C.C. No.68 of 2022 pending on the file of Judicial Magistrate First Class, Pimpri, Pune. 3.1) Respondent No.2 personally present in the Court and through her Advocate, reiterates the contents of her Affidavit dated 20th March 2024 and her 'no objection' for quashing of C.C. No.68 of 2022 pending on the file of Judicial Magistrate First Class, Pimpri, Pune. 4) In view thereof, Petition is allowed in terms of prayer clause (a). ( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.09.20 10:36:48 +0530 RAJESH VASANT CHITTEWAN 2/2