Wahid Zahid Huain Sayed And ORS v. State Of Maharashtra And ANR
Osk 27-Wp-3730-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3730 OF 2024 Wahid Zahid Huain Sayed & Ors.
... Petitioners V/s.
The State of Maharashtra & Anr.
... Respondents Mr. Kuldeep S. Patil a/w. Ms. Sampada S. Patil i/b. Ms. Saili N. Dhuru for Petitioners.
Mr. Vinod Chate, A.P.P. for Respondent No.1-State. Mr. Rohin R. Chauhan i/b. Mr. Ranjeet Patil for Respondent No.2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.
DATE : 30th August 2024.
P.C. :
1) Husband, mother-in-law and father-in-law of Respondent No.2 respectively, have filed present Petition for quashing of CR No. 544 of 2024 dated 8th June 2024 registered with Dharavi Police Station, Mumbai, for the offence punishable under Sections 323, 498A, 504, 506 read with 34 of I.P.C., Section 4 of the Dowry Prohibition Act, 1961 and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, with the consent of Respondent No.2, the informant.
2) Learned counsel for Petitioners, on instructions, submitted that, till date the police have not filed chargesheet. The said statement is accepted.
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Osk 27-Wp-3730-2024.doc 3) Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 30th August 2024 duly affirmed before the Assistant Registrar of this Court. In the said Affidavit, the Respondent No.2 has admitted the fact of amicable settlement and her desire in not pursuing present case. In para No.4 thereof, she has given her no objection for quashing of the said case.
3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 30th August 2024 and her 'no objection' for quashing of the crime in question. 4) In view of the above, Petition is allowed in terms of prayer clause (a).
( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:
2024.09.03 12:19:11 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2