Allowed

Mohd. Imran Mohd. Saleem Qureshi and Anr. v. State of Maharashtra and Anr.

Bombay HC10 Apr 2023WP/1471/2022

Case brief

AI extract

What is this about?

Thispetition sought quashing of a criminal complaint regarding marital discord and cruelty. The High Court allowed the petition after verifying the respondent's unconditional consent and fulfillment of settlement conditions via a family settlement deed and cheque payment.

What did the court decide?

Quashing of C.C. No. 751/PW/2023 arising out of FIR No.747 of 2019.

Mohd. Imran Mohd. Saleem Qureshi and Anr. Vs State of… — Matrimonial and Divorce | Bombay HC (2023)

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16-WP-1471-2022.doc

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DAE

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1471 OF 2022

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Mohd. Imran Mohd. Saleem Qureshi And Anr ...Petitioners

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Versus

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State Of Maharashtra And Anr ...Respondents

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Digitally signed by DNYANESHWAR DNYANESHWAR ASHOK ETHAPE ASHOK ETHAPE Date: 2023.04.15 16:53:54 +0530

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Ms.Gayatri Nayak i/by Mr.Rajesh Khobragade Advocate for
Petitioners.
Mr. Abhijit K. Naik for Respondent No.2.
Mr. Ajay Patil, APP for Respondent-State.

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CORAM : A. S. GADKARI AND

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PRAKASH D.NAIK, JJ.

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 DATE : 10th APRIL 2023.

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P.C.:-

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1.Leave to amend to incorporate challenge to charge-sheet in prayer
clauses granted. Amendment be carried out forthwith and in any event
during the course of day.

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2.By the present Petition, the Petitioners i.e. Petitioner No.1-husband,
Petitioner No.2-father-in-law and Petitioner No.3-mother-in-law of
Respondent No.2 have prayed for quashing of C.C. No. 751/PW/2023
pending on the file of learned 24th Court, Borivali, Mumbai arising out of
FIR No.747 of 2019 dated 23rd September 2019 registered with Malvani
Police Station Malad, Mumbai, under Sections 498-A, 406 read with 34 of

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DAE 16-WP-1471-2022.doc

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the Indian Penal Code and Section 4 of Muslim Women (Protection of
Rights on Marriage) Act, 2019, by consent of Respondent No.2.

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3.Learned Advocate for Petitioner submitted that, the Petitioners and
Respondent No.2 have executed Deed of Family Settlement by Mutual
Consent dated 8th October 2019. The said document is duly notarized
before a Notary Public. That, in pursuance of the said Deed of Family
Settlement, present Petition is filed for quashing of C.C. No.751/PW/2023
pending on the file of learned 24th Court, Borivali, Mumbai arising out of
FIR No.747 of 2019 dated 23rd September 2019 registered with Malvani
Police Station Malad, Mumbai.

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4.Learned Advocate for Respondent No.2 tendered across the bar an
Affidavit dated 10th April 2023 of Respondent No.2 duly affirmed before a
Notary Public. In paragraph No. (8) thereof, the Respondent No.2 has
given her unconditional irrevocable consent for quashing of F.I.R. No. 747
of 2019, dated 23rd January 2019.

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Learned Advocate for Respondent No.2 submitted that, Additional
covenants have been mentioned in the said Affidavit which the parties
herein have agreed to. The said Affidavit dated 10th April 2023 is taken on
record.

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5. Learned Advocate for Respondent No.2 submitted that, in pursuance of clause No.(6) thereof, his client has received a cheque of Rs.50,000/drawn on the Bank of Baroda, Chunabhatti Branch, Mumbai today in Court.

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DAE 16-WP-1471-2022.doc

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6. In view of the above, Petition is allowed in terms of prayer clause (b).

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(PRAKASH D. NAIK, J.) (A. S. GADKARI, J.)

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Mohd. Imran Mohd. Saleem Qureshi and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Mohd. Imran Mohd. Saleem Qureshi and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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