Zahid Zuber Ansari And ORS v. Mariyam Zahid Ansari And ANR

LSP 1 910 wp 451.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Writ Petition No. 451 of 2025 Zahid Zuber Ansari and others ...

Petitioners V/s.

Mariyam Zahid Ansari and anr.

...

Respondents.

Mr. Dheeraj Dwivedi i/b. Pankaj Dwivedi for the Petitioners. Ms. M.H. Mhatre, APP for the State.

Mr. Shailesh Upadhyay for the Respondent No.1. CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

Digitally signed by LATA SUNIL PANJWANI Date:

2025.04.28 11:32:12 +0530 LATA SUNIL PANJWANI DATE : 23rd April 2025.

P.C.:

This is a petition for quashing of proceedings bearing C.C. No.1198/PW/2023 pending before JMFC, Andheri Railway Mobile Court, Mumbai under Sections 498(A), 406, 504, 506 read with Section 34 of Indian Penal Code arising out of C.R. No.388/2021 registered at Meghwadi Police Station on 18th November 2021. 2.

Heard Mr. Dheeraj Dwivedi, the learned Counsel appearing for the Petitioners, Ms. Mhatre, the learned APP appearing for the State and Mr. Shailesh Upadhyay, the learned Counsel appearing for the Respondent No.1.

LSP 2 910 wp 451.25.doc 3.

The FIR is lodged by the Respondent No.1. The Petitioner No.1 is her husband. The Petitioner No.2 is the mother of Petitioner No.1. The Petitioner No.3 is his brother. The Petitioner No.4 is wife of Petitioner No.3 and Petitioner No.5 is the sister of the Petitioner No.1.

4.

It is not necessary to describe the FIR in detail because the parties have settled the matter. The gist of the FIR is that the Respondent No.1 has got married with Petitioner No.1 on 16th December 2019. Initially, everything was alright but because of their dispute during their private moments, the trouble started. The Petitioner No.5 started demanding washing machine and Rs.5 lacs. The other Petitioners also started harassing the Respondent No.1 for these demands. The Petitioner No.1 had gone to Saudi Arabia for a job. The trouble continued. There was a meeting. Her ornaments were returned but the articles which were given by her parents were not returned. On all these allegations the FIR was lodged. The investigation was carried out and charge-sheet was filed. The chargesheet contains statements of the parents and sister of the Respondent No.1.

5.

The parties have now settled their dispute. The Respondent No.1 has filed her affidavit-in-reply. She has stated that she has received all her articles and belongings. She did not have any grievances against the Petitioners. She has specifically stated that she did not want to prosecute the proceedings pursuant to the FIR

LSP 3 910 wp 451.25.doc lodged by her.

6.

The Respondent No.2 is present in the Court. She is identified by her learned counsel. She reiterated the statements in the affidavit. She has stated that she has no objection for quashing of the proceedings.

7.

The dispute is personal in nature. The Society at large is not involved. Therefore, we are inclined to allow this petition and pass the following order:

ORDER

(i) The Writ Petition is allowed.

(ii) The proceedings bearing C.C. No.1198/PW/2023 pending before JMFC, Andheri Railway Mobile Court, Mumbai under Sections 498(A), 406, 504,506 read with Section 34 of Indian Penal Code arising out of C.R. No.388/2021 registered at Meghwadi Police Station on 18th November 2021 are hereby quashed and set aside.

8.

The Writ Petition stands disposed of accordingly. (S.M. MODAK, J.) (SARANG V. KOTWAL,J.)