Zeeshan Khan Akther And ANR v. State Of Maharashtra And ANR

2025:BHC-AS:36970-DB DDR 15. WP 1969-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1969 OF 2024 1.

Mr. Zeeshan Khan Akther Khan ) @ Zishan Akhtar Khan ) 2.

Mr. Akhatar Khan Yasin Pathan ) @ Akhtar Yasim Khan ) 3.

Mrs. Pathan Hajra Begum Akhtar Khan ) @ Hajara Begum Akhtar Khan Pathan ) 4.

Mrs. Rani Shabbir Pathan ) @ Rani Shabbir Khan Pathan ) 5.

Mrs. Ruhi Sarfaraz Shaikh ) @ Roohi Sarfaraj Shaikh ) 6.

Mrs. Shaikh Bushra Begam Imran ) @ Almas Alias Bushara Imran Shaikh ) ..Petitioners Vs.

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The State of Maharashtra ) 2.

Mrs. Heena Mohd. Iqbal Shaikh ) @ Heena Zishan Khan ) ..Respondents _______________________________ Mr. Omprakash Dubey a/w. Mr. Nagesh N. Mali for Petitioners. Smt. Prajakta P. Shinde, APP for Respondent No.1-State. Mr. Bharatbhushan Dubey for Respondent No.2.

Mr. Sandip Jarande, PSI, Nirmal Nagar Police Station, Mumbai. _______________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 25th AUGUST, 2025.

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DDR 15. WP 1969-24.doc P.C.:- 1) Husband; father-in-law; mother-in-law and sisters-in-law of the Respondent No.2 have filed this Petition under Article 226 of the Constitution of India, for quashing of C.C. No.1127/PW/2017, pending on the file of the Judicial Magistrate First Class (Court No.32), Bandra, Mumbai, arising out of C.R. No. 278 of 2013, dated 10th October 2013, registered with Nirmal Nagar Police Station, Mumbai, for the offences punishable under Sections 498-A, 406 read with Section 34 of the Indian Penal Code, with the consent of the Respondent No.2, the informant. 2) Mr. Dubey, learned Advocate appearing for the Respondent No.2 submitted that, he will file his Vakalatnama during the course of the day. The said statement is accepted.

3) Mr. Dubey, learned Advocate for the Respondent No.2 tendered across the Bar Affidavit of the Respondent No.2, dated 25th August 2025, duly affirmed before a Notary Public. It is stated therein that, the Deed of Settlement has been executed by the Petitioner No.1 and Respondent No.2, on 14th January 2015. That, she had obtained a Khulanama from the Petitioner No.1 and Khulanama has been executed on 16th April 2016. They have settled all their disputes and permanent custody of the child namely 'Master Jian' is given to her. In Paragraph No.3 thereof, the Respondent No.2 has given her no objection for quashing of the crime in question. 3.1) Respondent No.2 is personally present in the Court and 2/3

DDR 15. WP 1969-24.doc through her Advocate reiterates the contents of her Affidavit dated 25th August 2025 and her 'No Objection' for quashing of the crime in question. 4) In view thereof, present Petition is allowed in terms of prayer clause (A).

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 3/3 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 03/09/2025 17:53:30