Mohammad Farooq Khatri and Ors. v. the State of Maharashtra and Ors.
Case brief
What is this about?
Court quashed proceedings of a matrimonial case u/s 498-A IPC on consent of petitioner and respondent, citing interest of justice and reference to B.S. Joshi (AIR 2003 SC 1386).
What did the court decide?
Petition allowed, criminal case No.2369/PW/2016 set aside and proceedings quashed.
What the court decided
908 wp 1606.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1606 OF 2017
Mohammad Farooq Khatri and ors. …..Petitioners versus The State of Maharashtra and ors. …...Respondents
Mr. Siraj Faruk Ghiwala, advocate for the petitioners. Ms. Sangeeta D. Shinde, APP for the State. Mr. D. S. Padwal, advocate for the respondent No.3.
CORAM : RANJIT MORE & SARANG V. KOTWAL, JJ. DATE : 20th JULY, 2017.
P. C. :
Heard the learned counsel for the respective parties and learned APP for the State.
- The petition is filed for quashing and setting-aside the proceedings of the criminal case No.2369/PW/2016 pending on the file of the learned Metropolitan Magistrate, Railway Court at Andheri. The said case arises out of registration of the FIR bearing CR No.134 of 2015, at the instance of the respondent No.3, with Oshiwara Police Station for the offences punishable under Section 498-A of the Indian Penal Code, 1860.
Shubhada S Kadam 1/3
Issues for consideration
2 issues framed by the court
Whether proceedings u/s 498-A IPC should be quashed on consent of the parties
Whether maintaining the case would serve any purpose given the settlement
Parties & counsel
- petitioner
Mohammad Farooq Khatri and ors.
- respondent
The State of Maharashtra and ors.
Coram
Ranjit More
Case details
As recorded by the court registry
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