Mehmoodali Usman Ali v. The State Of Maharashtra And ANR

Gitalaxmi 69-apl-782-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 782 OF 2024 Mr. Mehmoodali Usman Ali .....Applicant Vs.

The State of Maharashtra & Anr.

.....Respondents Ms. Hitanshi Gajaria for the Applicant.

Smt. Anamika Malhotra, Addl.P.P. for the Respondent-State. Ms. Khandelwal a/w Mr. Ali Kaashif Khan for Respondent No. 2. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 27th JUNE 2024 P.C.:- 1) The husband of Respondent No. 2 has invoked jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 for quashing of C.C. No. 460/PW/2021 pending on the file of learned Additional Metropolitan Magistrate, Railway Mobile Court at Andheri, Mumbai, arising out of C. R. No. 406 of 2018 registered with Oshiwara Police Station, Mumbai for the offence punishable under Sections 498-A & 406 of the Indian Penal Code, 1860, with the consent of Respondent No. 2.

2) Learned Advocate for the Respondent No. 2 tendered across the bar her Affidavit of today's date duly affirmed before a Notary Public. 1/2

Gitalaxmi 69-apl-782-2024.doc 2.1) It is stated therein that, the Applicant and Respondent No. 2 have obtained a legal separation/divorce as per Muslim Personal Law and have chosen to co-parent their son amicably. In paragraph no. 9 thereof, she has stated that she has no objection for quashing of the present crime and setting aside the matter against the Applicant. 2.2) Respondent No. 2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit of today's date and her 'no objection' for quashing of the crime in question. 3) In view thereof, Application is allowed in terms of prayer clause (a).

(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2024.07.08 18:51:31 +0530 2/2