Atif Arif Qureshi v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION [1] CRIMINAL WRIT PETITION NO.2706 OF 2024 Atif Arif Qureshi .....Petitioner

Versus

The State of Maharashtra and another .....Respondents ......

WITH [2] CRIMINAL WRIT PETITION [STAMP] NO.2229 OF 2024

1. Rashida Arif Qureshi,

2. Arif Maqbool Qureshi, &

3. Amina Qureshi .....Petitioners

Versus

The State of Maharashtra and another .....Respondents ----- Mr Manoj Shukla, Advocate for the Petitioners in both the Petitions.

Ms. Sharmila S. Kaushik, APP for the Respondent No.1-State. Afra Khan, Advocate a/w. Kalim Ansari for the Respondent No.2.

----- CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK, JJ.

DATE : 10th SEPTEMBER, 2025 P.C. :

1.

Both these Petitions are disposed of by this common order today because they arise out of the same FIR. PRADIPKUMAR PRAKASHRAO DESHMANE Both these Petitions are filed for quashing of the same FIR i.e. PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2025.09.11 19:10:04 +0530 Deshmane(PS)

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C.R. No.760/2023 registered at D.N. Nagar Police Station, Andheri, Mumbai under Sections 498-A, 406, 323, 504 read with 34 of IPC. The FIR is filed on 18.10.2023. Till today the charge-sheet is not filed.

2.

Criminal Writ Petition No.2706/2024 is filed by the husband of the Respondent No.2; and the other Petition i.e. Criminal Writ Petition (Stamp) No.2229/2024 is filed by the parents and sister of the husband. The FIR is lodged by the Respondent No.2. Initially, both these Petitions were filed on merits of the matter. However, during pendency of these Petitions the parties have arrived at settlement. The Respondent No.2 has filed her affidavit of consent in both these Petitions. Therefore, it is not necessary to refer to the allegations in the FIR in detail.

3.

The Respondent No.2 got married with the Petitioner Atif on 23.3.2022. The FIR thereafter goes on to mention that the Petitioners used to taunt her. They used to say that she had not brought sufficient articles from her parents. On one occasion, they had gone to Rajasthan for a family

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wedding but at that time the Respondent No.2 was made to do all the work. She wanted to study further, but, the Petitioners did not allow her to take education. The Petitioner No.3 in Criminal Writ Petition (Stamp) No.2229/2024 was divorced from her husband. After that, the ill-treatment meted out to the Respondent No.2 increased further. On these allegations, the FIR is lodged.

4.

As mentioned earlier, now the matter is settled between the parties. The Respondent No.2 has filed her consent affidavit. The Respondent No.2, in her affidavit, has stated that she has no objection for quashing of the FIR and the further proceedings. She has stated that she had also filed the proceedings under the Protection of Women From Domestic Violence Act before the 10th J.M.F.C. Court, Andheri, Mumbai. That case was withdrawn by her on 18.8.2025.

5.

The Respondent No.2 is present in the Court. She is identified by her learned counsel. The Respondent No.2 stated before the Court that she has no objection for quashing of these proceedings. She reiterated the contents of the affidavit.

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6.

Since the matter is settled between the parties, no purpose would be served in continuing with the present prosecution. Therefore, in the interest of justice and in the interest of the parties, we are inclined to allow these Petitions. 7.

Hence, the following order:

:: O R D E R ::

i.

The C.R. No.760/2023 registered at D.N. Nagar Police Station, Andheri, Mumbai and the further proceedings arising therefrom are quashed and set aside.

ii.

Both the Petitions are disposed of accordingly. ( SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS)