Petitioners sought quashing of criminal proceedings under 498-A IPC via Article 226 read with Section 482 CrPC. Respondent admitted settlement and consent. Court allowed petition.
Criminal proceedings in C.C. No.290/PW/2022 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.
RVC 20 Wp-1849-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1849 OF 2024
Mr. Imtiyaz Salim Khan & Ors.
… Petitioners
V/s.
Mrs. Shehnoor Imtiyaz Khan nee Shehnoor Mohammed Hadis Khan & Anr.
… Respondents
Ms. Shreya Shrivastava for Petitioners. Mr. A.I. Satpute, A.P.P. for Respondent No.1-State. Ms. Sangita Patil for Respondent No.2. PSI Mr. V.M. Khilare, Oshiwara Police Station, Mumbai, present.
CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 21st June 2024.
P.C. :
(1) Petitioners, i.e. husband, father-in-law, mother-in-law and sisterin-law, respectively of Respondent No.1 have invoked the jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code for quashing C.C. No.290/PW/2022 pending on the file of learned Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai, arising out of C.R. No.468 of 2018 dated 23rd October 2018 registered with Oshiwara Police Station, Mumbai under Sections 498-A, 406, 323, 504, 506 read with 34 of Indian Penal Code, with the consent of Respondent No.1.
1/2
RVC 20 Wp-1849-2024.doc
(2) Respondent No.1 has filed her Affidavit dated 22nd February 2024, duly affirmed before the Assistant Registrar of this Court. It is stated therein that, she and Petitioners have settled their dispute and have entered into the Consent Terms. That, she gives her consent to quash the present crime/chargesheet and/or criminal proceedings relating thereto. In para No.4 of her affidavit, she has given her no objection for quashing of the crime in question.
(2.1) Respondent No.1 is personally present in Court and through her Advocate reiterated the contents of her Affidavit dated 22nd February 2024 and her ‘no objection’ for quashing of the crime in question.
(3) In view thereof, Petition is allowed in terms of prayer clause 18(a).
( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. )
2/2
2 issues framed by the court
Whether criminal proceedings u/s 498-A IPC should be quashed in view of settlement and consent.
Whether the spelling of 'State' in Advocate's name is a clerical error.
2 provisions across 2 enactments
Mr. Imtiyaz Salim Khan
Mrs. Shehnoor Imtiyaz Khan
A. S. Gadkari
Dr. Neela Gokhale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
