Rehan Aziz Shaikh And ORS v. State Of Maharashtra And ANR

bipin prithiani 9-wp-2069.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2069 OF 2024 Rehan Aziz Shaikh & Ors.

... Petitioners V/s.

State of Maharashtra & Anr.

... Respondents ______________________ by BIPIN DHARMENDER PRITHIANI Date: 2025.08.18 15:43:03 +0530 BIPIN DHARMENDER PRITHIANI Mr. Sagar Batavia i/by Mr. Anees Shaikh for Petitioners. Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Mr. Ajaykumar Sahani for Respondent No.2.

Mr. Ganesh Shivarkar, PSI, Malvani Police Station, Mumbai. ______________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 6th AUGUST 2025 P.C.:- 1) Petitioners i.e. Husband, Father in law, Mother in law and Brother in law of Respondent No.2 have filed this Petition under Section 482 of Cr.P.C. for quashing of C.C. No. 5002/PW/2023, pending on the file of Additional Judicial Magistrate First Class, 24th Court, Borivali at Mumbai, arising out of C.R. No. 1803 of 2022 dated 20th December 2022, registered with Malvani Police Station, Mumbai, under Sections 323, 406, 498-A, 504 and 506 read with 34 of the Indian Penal Code, with the consent of Respondent No.2, the informant.

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bipin prithiani 9-wp-2069.24.doc 2) Advocate Mr. Sahani appearing for Respondent No.2, tendered across the Bar her affidavit dated 30th July 2025, duly affirmed before the Notary Public. It is stated therein that, Petitioner No.1 and Respondent No.2 have filed Consent Terms dated 3rd September 2024 in C.C. No. 309/DV/2023 in the Court of Additional Chief Judicial Magistrate, 24th Court, Borivali at Mumbai. In paragraph 6 thereof, Respondent No.2 has given her no objection for quashing of the said crime. 2.1) Respondent No.2 is personally present in the Court and through her Advocate, reiterates the contents of her affidavit dated 30th July 2025 and her 'no objection' for quashing of the crime in question. 3) In view thereof, the Petition is allowed in terms of prayer clause 6.1.

(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) 2/2