Anwar Homammed Shaikh v. State Of Maharashtra And ANR

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 692 OF 2025 Anwar Mohammed Shaikh ..Petitioner

Versus

The State of Maharashtra & Anr.

..Respondents __________ Ms. Roohita Shaikh i/b. Javed Shaikh, Anil Nile and Priyanka Nile for Petitioner.

Mr. S. V. Gavand, APP for State/Respondent.

Ms. Supriya Ghadge for the Respondent No.2.

__________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 2 APRIL 2025 PC :

1.

This is a petition for quashing of the proceedings arising out of the F.I.R. registered vide C.R.No.373 of 2023 at Oshiwara police station, Mumbai, on 07.04.2022, under sections 498-A, 323, 504 and 506 of the I.P.C. and under sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. 2.

The F.I.R. was lodged by the Respondent No.2 on 07.04.2022. She has stated that, she got married with the Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.04.03 14:43:45 +0530 VINOD BHASKAR GOKHALE

Petitioner on 23.03.2015. Before their marriage, the Petitioner had married four times, but all earlier wives had left him. The F.I.R. thereafter goes on to mention that he was asking the informant to get money from her parents. He was telling her to sell her parent's house. He was illtreating her. On these allegations, the F.I.R. was lodged.

3.

Now, the matter is completely settled between the parties. The Respondent No.2 has filed her Affidavit of consent. She has stated that, they have settled the dispute through mediation of the families and friends and that both of them are cohabiting and residing together since March 2024. She has no objection for quashing of the present proceedings. 4.

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

5.

The dispute between the parties is purely personal in nature. They are staying together peacefully for about one year. No

purpose will be served in continuing with the prosecution. Therefore, we are inclined to allow this petition. 6.

Hence, the following order:

O R D E R

i) The F.I.R. registered vide C.R.No.373 of 2023 at Oshiwara police station, Mumbai, on 07.04.2022, under sections 498-A, 323, 504 and 506 of the I.P.C. and under sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, is quashed and set aside.

ii) The writ petition is disposed of.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)