Hussain Akbarali Virji and Ors. v. the State of Maharashtra and Anr.
Case brief
What is this about?
Husband and wife filed a matrimonial dispute leading to criminal proceedings. Upon consent and settlement between parties, the High Court quashed the charge sheet and disposed of the criminal writ petition.
What did the court decide?
Quashing of the charge sheet and setting aside of the FIR.
What the court decided
wp-792-18(41)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 792 OF 2018
Shri Hussain Akbarali Virji & Ors Vs.
The State of Maharashtra & Anr
..Petitioners
..Respondents
Mr. Sayed Shamim i/b Shamim & Co. for the Petitioners Mr. Murtza Slatewala for the Respondent No.2 Mrs. M. M. Deshmukh Addl PP for the Respondent State
CORAM :R. M. SAVANT, & SARANG V KOTWAL,JJ DATE : 25th APRIL, 2018
P.C.
1 The above Petition is at Serial No.41 but is mentioned out of turn as quashing of the FIR by consent.
2 The above Petition has been filed for quashing and setting aside of the charge sheet which has arisen out of the FIR No. 387 of 2016 dated 12-62016 registered with the D. N. Nagar Police Station for the offences punishable under Sections 489A, 406 read with 34 of the Indian Penal Code, 1860. The said FIR in turn has arisen on account of the matrimonial dispute between the Petitioner No.1 and the Respondent No.2 who are husband and wife. It seems that the community leaders of the community to which the parties belong have intervened and they have agreed to dissolve the marriage between the
Issues for consideration
1 issue framed by the court
Whether the quashing of FIR No. 387 of 2016 in a matrimonial dispute is justified given the settlement between parties.
Parties & counsel
- petitioner
Hussain Akbarali Virji
- respondent
Farzana Hussain Virji
- respondent
State of Maharashtra
Coram
Case details
As recorded by the court registry
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