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Bombay High CourtWP/2991/2024allowed

Shokhsanam Khanna Wife Of Faruk Kabir And ANR v. The State Of Maharashtra And ANR

2024-07-11Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

Gitalaxmi 28-wp-2991-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2991 OF 2024 Mrs. Shokhsanam Khanna wife of Mr. Faruk Kabir & Anr.

.....Petitioners Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Vijay Gaikwad for the Petitioners.

Mr. Anand S. Shalgaonkar, A.P.P. for the Respondent-State. Mr. K. Sadanand a/w Mr. Jitendra Tiwari for Respondent No. 2. P.S.I. Pairavi Officer S. B. Ithape, Azad Maidan Police Station, Mumbai present.

CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 11th JULY 2024 P.C.:- 1) Wife and father-in-law respectively of the Respondent No. 2 have filed present Petition under Article 226 of the Constitution of India for quashing of C. R. No. 16 of 2024 dated 5th January 2024 registered with Azad Maidan Police Station, Mumbai for the offence punishable under Sections 419, 420, 465, 468 & 471 read with 34 of the Indian Penal Code, 1860, with the consent of Respondent No. 2.

2) Learned Advocate for the Respondent No. 2 tendered across the bar his additional Affidavit-cum-No Objection of today's date duly affirmed before a Notary Public. In paragraph no. 5 thereof he has stated 1/2

Gitalaxmi 28-wp-2991-2024.doc that, he and the Petitioners have settled the matter amicably out of Court. That, now he along with Petitioner No. 1 and their daughter are living happily together at Mumbai and therefore he has no objection for quashing of the said crime.

2.1) Respondent No. 2 is personally present in the Court and through his Advocate reiterates the contents of his additional Affidavit-cumNo Objection of today's date and his 'no objection' for quashing of the crime in question.

3) In view thereof, Petition is allowed in terms of prayer clause (a).

(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.07.16 11:01:41 +0530 GITALAXMI KRISHNA KOTAWADEKAR 2/2