Faisal Rais Ahmed Shaikh And ORS v. The State Of Maharashtra And ANR

RVC 22 Wp-3775-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3775 OF 2024 1.

Mr. Faisal Rais Ahmed Shaikh 2.

Mrs. Najma Rais Shaikh 3.

Mr. Rais Ahmed Shaikh 4.

Mr. Mushir Rais Ahmed Shaikh ... Petitioners V/s.

1.

The State of Maharashtra 2.

Mrs. Sana Shaikh ... Respondents Mr. Akram Kapoor for Petitioner.

Mr. A.S. Shalgaonkar, A.P.P. for Respondent No.1-State. Mr. Mitesh Varshney for Respondent No.2.

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

DATE : 3rd September 2024.

P.C. :

1) Husband (Petitioner No.1), mother-in-law (Petitioner No.2), father-in-law (Petitioner No.3) and brother-in-law (Petitioner No.4), respectively of Respondent No.2 have filed present Petition under Article 226 of the Constitution of India for quashing of C.C. No.1454/PW/2018 pending on the file of Addl. Judicial Magistrate, 22nd Court at Andheri Mumbai, arising out of C.R. No.60 of 2017 dated 24th February 2017, registered with MIDC Police Station, Mumbai, under Sections 498, 406, 323, 504, 506 and 34 of I.P.C., with the consent of Respondent No.2, the informant. 1/2

RVC 22 Wp-3775-2024.doc 2) Advocate for Respondent No.2 tendered across the bar her Affidavit dated 3rd September 2024, duly affirmed before the Assistant Registrar of this Court. In para No.3 thereof, Respondent No.2 has admitted the fact of an amicable settlement and filing of Consent Terms dated 2nd August 2024 in Petition No.B-73 of 2018, before the Family Court at Bandra, Mumbai. In para No.4 thereof, she has given her consent for quashing of C.C. No.1454/PW/2018 arising out of C.R. No.60 of 2017 dated 24th February 2017, registered with MIDC Police Station, Mumbai. 2.1) Respondent No.2 is personally present in the Court and through her Advocate, reiterates the contents of her Affidavit and her no objection for quashing of C.C. No.1454/PW/2018.

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

4) Advocate Mr. Varshney, submitted that he will file his Vakalatnama on behalf of Respondent No.2 during the course of the day. The said statement is accepted.

( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) by RAJESH VASANT CHITTEWAN Date: 2024.09.06 18:53:26 +0530 RAJESH VASANT CHITTEWAN 2/2