Bombay High CourtAPL/154/2024allowed

Sayed Rizwan Sayed Rafiq And ANR v. State Of Maharashtra And ANR

2024-05-09Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Shyam C. Chandak2 pages

H. C. Shiv 37.apl154.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.154 OF 2024 Sayed Rizwan Sayed Rafiq & Anr.

.. Applicants vs.

State of Maharashtra & Anr.

.. Respondents Mr. Mohsin Khan for the Applicants.

Mr. Anand Shalgaonkar APP for the Respondent-State. Mr. Babu Singh for the Respondent No.2.

CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 9th MAY 2024 P. C.:- 1) The husband (Applicant No.1); mother in law (Applicant No.2); father in law (Applicant No.3); brothers in law (Applicant Nos.4 and 5); and sister in law (Applicant No.6) of the Respondent No.2 have filed the present Application under Section 482 of the Cr.P.C. for quashing of C.R.No.1270 of 2022, registered with Mumbra Police Station, Thane dated 3rd December 2023, under Sections 406, 498-A, 504, 506 read with 34 of the I.P.C. with the consent of Respondent No.2. 2) Mr.Singh, learned Advocate for the Respondent No.2 submitted that, till date the police have not filed charge sheet in the said case. He tendered across the bar consent Affidavit of the Respondent No.2 dated 9th HEMANT CHANDERSEN SHIV May 2024, duly affirmed before the Assistant Registrar of this Court. The HEMANT CHANDERSEN SHIV Date: 2024.05.14 12:54:15 +0530 1/2

H. C. Shiv 37.apl154.24.doc Respondent No.2 has admitted that, the disputes and differences between the Applicants and herself have now been settled amicably. In para 4 of the Affidavit she has stated that, due to settlement between herself and the Applicants, she along with Applicant No.1 are residing together happily and peacefully. In para 5 thereof, she has given free and voluntary consent 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 9th May 2024, and her 'no objection' for quashing the said crime. 3) In view of the above, Application is allowed in terms of prayer clause (b).

(SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2