Bombay High CourtAPL/442/2024allowed

Mujeeb Shabbir Ahmed Salgar And ORS v. State Of Maharashtra And ANR

2024-08-19Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

sns 16-apl-442-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.442 OF 2024 Mujeeb Shabbir Ahmed Salgar & Ors.

.....Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Akash Kavade for the Applicants.

Mr. Vinod Chate APP, for Respondent No.1-State. Adv. Jannat K. Yadav, for Respondent No.2.

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

DATE : 19th AUGUST, 2024.

P.C.:- 1) Husband, mother-in-law and sister-in-law of the Respondent No.2 respectively, have filed present Application under Section 482 of the Cr.P.C. for quashing of the C.C. No.228/PW/2022 pending on the file of Metropolitan Magistrate, 31st Court at Vikroli, Mumbai arising out C.R.No.543 of 2021 registered with Vikroli Police Station under Sections 498-A, 406, 313, 314, 506 read with 34 of the Indian Penal Code, 1860 ('IPC') with consent of the Respondent No.2, informant. 2) Learned Advocate for the Respondent No.2 submitted that, the Petitioner No.1 and the Respondent No.2 have settled their disputes and differences and have filed Consent Terms dated 29th November 2023 in M.J. 1/2

sns 16-apl-442-2024.doc Petition No.E-226 of 2022 in the Family Court at Bandra, Mumbai for amicable settlement. That, in pursuance of the said Consent Terms, the Respondent No.2 has agreed to give her consent for quashing of the said case.

2.1) He submitted that, the Respondent No.2 has already filed an Affidavit dated 17th July 2024 duly affirmed before a Notary Public, giving her consent for quashing of the said case. In paragraph number 7 thereof, the Respondent No.2 has admitted the fact of filing of Consent Terms before the Family Court at Bandra and in paragraph number 9 thereof, she has given her no objection for quashing of the said case. 2.2) Respondent No. 2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 17th July 2024 and her 'No Objection' for quashing of the case in question. 3) In view thereof, Application is allowed in terms of prayer clause (A).

(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:

2024.08.20 18:56:10 +0530 SHAMBHAVI NILESH SHIVGAN 2/2