Saybaj Juber Khan @Saibaz Zuber Khan And ANR v. State Of Maharashtra And ANR

H. C. Shiv 41.apl485.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.485 OF 2024 Saybaj Juber Khan @ Saibaz Zuber Khan & Ors.

.. Applicants vs.

The State of Maharashtra & Anr.

.. Respondents Mr. Viral K. Rathod with Vishwatej Jadhav i/b Bimala Chounal for the Applicants.

Ms. Sangita Phad APP for the Respondent-State. Ms. Karuna S. Mallah for Respondent No.2.

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

DATE : 7th MAY 2024 P. C.:- 1) The husband (Applicant No.1); father in law (Applicant No.2); sisters in law (Applicant Nos.3 and 4) of the Respondent No.2 have filed this Application under Section 482 of the Cr.P.C., for quashing of C.C.No.216/PW/2024 pending on the file of the Metropolitan Magistrate 32nd Court at Bandra, Mumbai arising out of C.R.No.106 of 2021, registered with Kherwadi Police Station, Mumbai under Sections 498-A, 406, 323, 504, 506 read with 34 of I.P.C., with the consent of Respondent No.2, first informant.

2) Ms.Karuna Mallah, learned Advocate for the Respondent No.2 tendered across the bar an Affidavit of Respondent No.2 dated 4th May 1/2

H. C. Shiv 41.apl485.24.doc 2024, duly affirmed before a Notary Public. In the said Affidavit she has admitted that, she has settled the dispute amicably with the Applicants and Applicant No.1 has accordingly given her divorce. 3) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 4th May 2024 and her 'no objection' for quashing the said crime. 4) In view thereof, the Application is allowed in terms of prayer clause (a).

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