This was a criminal writ petition seeking to quash a coercive complaint registered under various IPC sections. The Special Court allowed the petition upon proving settlement between the parties and the Respondent's expressed consent for quashing the FIR.
C.C. No.146/PW/2023 pending on the file of ACMM, Vikroli was quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
32-WP-1022-2023.doc
DAE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1022 OF 2023
Tousif Zahiruddin Ansari And Ors ...Petitioners
Versus
State Of Maharashtra And Anr ...Respondents
Mr. Sanjay R. Singh Advocate for Petitioners.
Mrs. M. M. Deshmukh, APP for Respondent No.1-State.
Mr. Mintoo Gond for Respondent No.2.
API Sanjay Bharati, Parksite Police Station is present.
Digitally signed by DNYANESHWAR DNYANESHWAR ASHOK ETHAPE ASHOK ETHAPE Date: 2023.04.25 16:40:07 +0530
CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.
DATE : 19th APRIL 2023.
P.C.:-
1.By the present Petition, the Petitioners i.e. husband (Petitioner No.1),
mother-in-law (Petitioner No.2), father-in-law (Petitioner No.3) and sister-
in-laws (Petitioner Nos.4 & 5) of Respondent No.2 are seeking quashing of
C.C. No.146/PW/2023 pending on the file of learned Additional Chief
Metropolitan Magistrate, 31st Court, Vikroli, Mumbai, arising out of C.R.
No.125 of 2022 dated 29th March 2022, registered with Parksite Police
Station, Vikroli, Mumbai, under Sections 498-A, 377, 323, 504, 406 read
with 34 of the Indian Penal Code, by consent of Respondent No.2.
2.Learned Advocate appearing for Respondent No.2 tendered across the
bar an Affidavit dated 5th April 2023 duly affirmed by Respondent No.2
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32-WP-1022-2023.doc
DAE
before the Assistant Registrar of this Court. The signature of Respondent
No.2 has been identified by her Advocate. It is stated in the said Affidavit
that, the Respondent No.2 has settled all the claims and belongingswith
Petitioners and she will not claim any maintenance or permanent alimony
from the Petitioners. In paragraph No.6 therein, she has given her ‘no
objection’ for quashing the F.I.R. No. 125 of 2022 dated 29th March 2022,
registered with Parksite Police Station.
3.Respondent No.2 is personally present in the Court and through her
Advocate reiterated the contents of her Affidavit dated 5th April 2023 and
her ‘no objection’ for quashing the C.C. No.146/PW/2023 pending on the
file of learned Additional Chief Metropolitan Magistrate, 31st Court, Vikroli,
Mumbai, arising out of C.R. No.125 of 2022 dated 29th March 2022
registered with Parksite Police Station, Vikroli Mumbai.
4. In view of the above, Petition is allowed in terms of prayer clause (a).
(PRAKASH D. NAIK, J.) (A. S. GADKARI, J.)
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1 issue framed by the court
Whether C.C. No.146/PW/2023 should be quashed based on settlement and respondent's consent.
1 provisions across 1 enactments
Tousif Zahiruddin Ansari and Ors
State Of Maharashtra
Third Respondent
A. S. Gadkari
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court