Sazid Husain And ORS v. The State Of Maharashtra And ANR

Osk 20-Wp-3415-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3415 OF 2024 Sazid Husain & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Ms. Tanvi Rane a/w. Syed Sanobar Fatima i/b. Infini Legal Solutions for Petitioners.

Mr. Anand S. Shalgaonkar, A.P.P. for Respondent No.1-State. Ms. Manisha Jain for Respondent No.2.

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

DATE : 9th September 2024.

P.C. :

1) Husband and in-laws respectively of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India for quashing of C.C. No. 1856/PW/2024 pending on the file of learned Metropolitan Magistrate (12th Court), Bandra, Mumbai, arising out of C.R. No. 1875 of 2023 registered with Bandra Police Station, Mumbai, under Sections 498-A, 323, 504 read with 34 of the Indian Penal Code, with the consent of Respondent No.2, the informant.

2) Learned Advocate for Respondent No.2 submitted that, the Petitioner No.1-husband and Respondent No.2-wife have executed Consent 1/2

Osk 20-Wp-3415-2024.doc Terms dated 24th June 2024 and have decided to put an end to their disputes and differences. That, the Respondent No.2 has filed on record an Affidavit dated 24th June 2024 duly affirmed before a Notary Public. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement between the parties and in para No.10 thereof, she has given her no objection for quashing the crime in question. 2.1) The Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 24th June 2024 and her 'no objection' for quashing the crime in question. 3) In view thereof, Petition is allowed in terms of prayer clause Nos. (a) and (b-1).

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.09.12 17:21:37 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2