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Bombay High Court
Azeem Abdul Hamid Shaikh And Ors vs State Of Maharashtra And Ors on 22 March, 2024
Bench: Prakash D. Naik, N.R.Borkar
2024:BHC-AS:14899-DB
1 of 2 7.WP(St).14863.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION (STAMP) NO.14863 OF 2023
Azeem Abdul Hamid Shaikh and others Petitioners
versus
The State of Maharashtra and others Respondents
Mr.Afsar Ansari i/by Mr.Santosh Gupta, Advocate for Petitioners.
Mr.A.S.Shalgaonkar, APP, for State.
Mr.Vishnu Wani, Advocate for Respondent no.3.
CORAM : PRAKASH D. NAIK AND
N.R.BORKAR, JJ.
DATE : 22nd March 2024
PC :
1. Petitioners are arraigned as accused in FIR dated 26 th June
2023 registered with BKC Police Station for offences u/s.498A, 323,
504 of Indian Penal Code.
2. The FIR was registered at the instance of Respondent no.3
alleging that her marriage was solemnized with Petitioner no.1 on
25th May 2022. After marriage she was ill-treated by the accused.
3. Petitioner no.2 is husband, Petitioner no.2 is mother-in-law
and Petitioner no.3 is sister-in-law of Respondent no.3.
4. Parties have resolved the dispute. Consent terms dated 21 st
March 2024 were executed. Respondent no.3 is present in the Court.
She has no objection for quashing the FIR. She is represented by
advocate. The affidavit dated 21 st March 2024 sworn by her is
placed on record.
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2 of 2 7.WP(St).14863.2023.doc
5. We have perused the consent terms and affidavit of
complainant. The consent terms indicate that parties have resolved
the differences and Respondent no.3 has entered Deed of Divorce
(Khulanama) by mutual consent. Respondent no.3 has received
Rs.6,50,000/- vide cheque bearing no.10113895 drawn on Union
Bank of India towards permanent alimony. The cheque is honoured.
The affidavit filed by Respondent no.3 refers to the execution of
consent terms and settlement.
6. Since the parties have resolved their differences, the FIR can
be quashed.
ORDER
(i) Writ Petition (Stamp) No.14863 of 2023 is allowed and
disposed off;
(ii) FIR No.255 of 2023 registered with BKC Police Station,
Mumbai is quashed and set aside.
(N.R.BORKAR, J.) (PRAKASH D. NAIK, J.)
MST
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