Anas Ismail Shaikh And ANR v. The State Of Maharashtra And ANR

Gitalaxmi 20-wp-4221-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4221 OF 2024 Mr. Anas Ismail Shaikh & Ors.

.....Petitioners Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Saurabh B. Rane for the Petitioners.

Ms. Mahalakshmi Ganapathy, A.P.P. for the Respondent-State. Mr. Omkar Kakad for Respondent No. 2.

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

DATE : 1st OCTOBER 2024.

P.C.:- 1) Husband, father-in-law and mother-in-law respectively of Respondent No. 2, have filed present Petition under Article 226 of the Constitution of India for quashing of C. R. No. 365 of 2024 dated 20th July 2024 registered with Kurla Police Station, Mumbai for the offence punishable under Sections 498, 323, 504 & 506 read with 34 of the Indian Penal Code and Section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 with the consent of Respondent No. 2, the informant. 2) Learned Advocate for the Respondent No. 2 submitted that, the Respondent No. 2 has already filed on record her Affidavit dated 13th August 2024, duly affirmed before a Notary Public. In paragraph no. 7 1/2

Gitalaxmi 20-wp-4221-2024.doc thereof, the Respondent No. 2 has stated that, she and the Petitioner No. 1 have decided to stay together and have resolved their all other issues and misunderstanding. The Respondent No. 2 has given her no objection for quashing of the crime in question.

2.1) Respondent No. 2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 13th August 2024 and her 'no objection' for quashing of the crime in question. 3) In view of the above, Petition is allowed in terms of prayer clause (a).

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

2024.10.07 19:00:20 +0530 GITALAXMI KRISHNA KOTAWADEKAR 2/2