Asif Kamrul Hasan Sayyed And ORS v. State Of Maharashtra And ANR

Osk 28-Wp-3992-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3992 OF 2024 Asif Kamrul Hasan Sayyed & Ors.

... Petitioners V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Husen Shaikh a/w. Mr. Rumman Shaikh for Petitioners. Mr. S.A. Karmakar, A.P.P. for Respondent No.1-State. Mr. Shahid Iqbal for Respondent No.2.

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

DATE : 30th September 2024.

P.C. :

1) Husband, mother-in-law, father-in-law, sisters-in-law and brothers-in-law of Respondent No.2 respectively, have filed present Petition under Article 226 of the Constitution of India for quashing of CR No. 1102 of 2024 dated 27th March 2024 registered with Mumbra Police Station, Thane City, under Sections 506(2), 504, 498-A, 323 of Indian Penal Code and Section 4 of the Dowry Prohibition Act 1961, with the consent of Respondent No.2, the informant.

2) Learned Advocate for Respondent No.2 submitted that, the Respondent No.2 has already filed on record her Affidavit dated 13th September 2024 duly affirmed before a Notary Public. It is stated therein 1/2

Osk 28-Wp-3992-2024.doc that, the Petitioner No.1 and Respondent No.2 have executed Memorandum of Consent Terms dated 13th September 2024 and they have decided to cohabit together. In para No.8 thereof, she has given her no objection for quashing the crime in question.

2.1) Though the Respondent No.2 is not personally present in the Court, Advocate Mr. Shahid Iqbal appearing for Respondent No.2, on instructions, admits the contents of her Affidavit dated 13th September 2024 and gives her '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 OMKAR SHIVAHAR KUMBHAKARN Date:

2024.10.05 11:32:51 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2