Mohammed Wasi Akbar Hussain Sayed (Zaidi) And ORS v. State Of Maharashtra And ANR
2024:BHC-AS:28815-DB rdg 17-apl-877-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.877 OF 2024 Mohammed Wasi Akbar Hussain Sayed (Zaidi) & Ors. .....Applicants Vs.
The State Of Maharashtra & Anr.
.....Respondents Mr. Kaustubh Thipsay, for the Applicants.
Mr. A. I. Satpute, APP, for Respondent No.1-State. Mr. Aman Anand with Ms. Ujvwala & Mr. S. B. Wakde, i/b. Mr. H. S. Anand, for Respondent No.2.
CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ.
DATE : 16th JULY, 2024.
P.C.:- 1) Leave to amend as per the draft amendment tendered across the bar. Amendment be carried out forthwith. 2) Applicants, i.e, husband and in-laws respectively of Respondent No.2 have filed the present Application under Section 482 of the Code of Criminal Procedure, for quashing of C.C.No.1456 of 2020 pending on the file of Metropolitan Magistrate, 57th Court, Kurla, Mumbai arising out of C.R.No.493 of 2018 registered with Shivajinagar Police Staiton, Mumbai under Sections 498-A, 354-D, 324, 504, 506, 323 and 406 read with 34 of the Indian Penal Code, have prayed for quashing of the said case with the consent of Respondent No.2, the informant.
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rdg 17-apl-877-2024.doc 3) Learned Advocate for Respondent No.2 tendered across the bar her Affidavit dated 9th July 2024 duly affirmed before a Notary Public. The Respondent No.2 has stated therein that, she has amicably resolved disputes with her husband, i.e., the Applicant No.1 and he has agreed, accepted and admitted that, he would take care of her and her two minor daughters. It is stated that, the said case may be quashed and Applicants be acquitted from the said offence.
3.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 9th July 2024 and her 'no objection' for quashing of the crime in question. 4) In view of the above, the Application is allowed in terms of prayer clause 17(a).
(DR NEELA GOKHALE, J.) (A. S. GADKARI, J.) 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 23/07/2024 12:28:33