Soheb Abdul Rehman Khatri And ANR v. State Of Maharashtra And ANR
ssm 1 46-wp3452.2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3452 OF 2025 1) Soheb Abdul Rehman Khatri, Aged About 44 Years, Adult, Indian Inhabitant of Mumbai, Residing at C/10, Building No.5, Karimi Apartment CHS Ltd., Oshiwara Garden Lane, In front of BMC Hospital, Jogeshwari (West), Mumbai-400 102.
Mumtaz Abdul Rehman Khatri, Aged about 69 years, Senior Citizen, Occu. Housewife, Indian Inhabitant of Mumbai, Residing at Karimi Apartment, Building No.5, C Wing, Flat No.12, Oshiwara Garden Road, Amrut Nagar, Jogeshwari (West), Mumbai-400 102.
3) Yasameen Anjum Hamidani, Aged about 61 years, Senior Citizen, Occu. Housewife, Indian Inhabitant of Mumbai, Residing at 64/B, Madhav Building, Link Road, Dattani Complex, Mumbai - 400102.
4) Nabila @ Rabiya Anjum Hamidane, Aged about 35 years, Adult, Occu. Housewife, Indian Inhabitant 1/3
ssm 2 46-wp3452.2025.doc of Mumbai, Residing at 64/B, Madhav Building, Link Road, Dattani Complex, Mumbai - 400102.
.....Petitioners Vs.
1) State Of Maharashtra (Through the Public Prosecutor, High Court, Bombay).
Afrien Sohen Khatri @ Afrien Mohamed Husain Khatri, Aged about 35 years, Adult, Occu. Service, Indian Inhabitant of Mumbai Residing at Raigad Society, Palaspa Phata, Panvel, Raigarh, Maharashtra -410206.
.....Respondents _____________________________________ Mr. Sushil M. Shukla a/w Adv. Deepak Pathak i/by Ms. Legal Vision for the Petitioners.
Smt. M.M. Deshmukh APP, for the Respondent-State. Ms. Janki J. Sampat for the Respondent No.2.
_____________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.
DATE : 3rd JULY, 2025.
P.C.:- 1) By this Petition under Article 226 of the Constitution of India, the husband (Petitioner No.1), mother-in-law (Petitioner No.2), aunt of Petitioner No.1 (Petitioner No.3) and daughter of Petitioner No.3 (Petitioner 2/3
ssm 3 46-wp3452.2025.doc No.4) are seeking quashing of C.C. No.1707/PW/2008, pending on the file of learned Metropolitan Magistrate, 65th Court, Andheri, Mumbai, arising out of C.R. No.513 of 2007 dated 19th November, 2007, registered with Oshiwara Police Station, Mumbai, under Sections 498(A), 323, 406 and 504 read with Section 34 of the Indian Penal Code, with the consent of Respondent No.2, the informant.
Learned Advocate Mr. Sampat appearing for Respondent No.2 tendered across the bar Affidavit dated 1st July, 2025 of Respondent No.2 duly affirmed before a Notary Public. It is stated therein that, Respondent No.2 and Petitioner No.1 have taken a decision to amicably settle the matter and to move on in life by leaving behind all allegations and counter allegations by closing all prosecution and litigation in subject C.R.. In paragraph No.13 thereof, Respondent No.3 has given her no objection for allowing the Petition in terms of prayer clauses (a), (b) and (c). 2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 1th July, 2025 and her 'No Objection' for quashing of the crime in question. 3) In view of the above, Petition is allowed in terms of prayer clause (b).
(RAJESH S. PATIL, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:
2025.07.18 18:09:25 +0530 SANJIV SHARNAPPA MASHALKAR 3/3