Allowed

Shamshuddin Nuruddin Dosani and Ors. v. State of Maharashtra and Anr.

Bombay HC5 Jul 2024WP/2409/2024

Case brief

AI extract

What is this about?

Husband and in-laws sought quashing of a pending criminal case under Sections 498-A, 323, 504, 506 read with Section 34 IPC arising from an FIR of January 2022. The wife, the informant, filed an affidavit consenting to quashing after settlement via consent terms in another writ petition and reiterated her no objection in court.

What did the court decide?

Petition allowed in terms of prayer clause (a): C.C.No.2081/PW/2022 quashed with consent of Respondent No.2.

Shamshuddin Nuruddin Dosani and Ors. vs State of… — Dowry and Cruelty | Bombay HC (2024)

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2024:BHC-AS:27175-DB

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rdg 36-wp-2409-2024.doc

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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. 2409 OF 2024

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Shamshuddin Nuruddin Dosani & Ors. …..Petitioners

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Vs.

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The State Of Maharashtra & Anr. …..Respondents

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Mr. Sajid Shamim with Mr. Sharif Lakdawala, i/b. S. Shamim & Co., for the Petitioners.

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Mr. Vinit A. Kulkarni, APP, for Respondent No.1-State.

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Mr. Gangurde, PSI, Versova Police Station, Mumbai is present.

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CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 5^th JULY, 2024.

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P.C.:-

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Husband and in-laws of Respondent No.2 have filed the present

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Petition under Article 226 of the Constitution of India for quashing of the C.C.No.2081/PW/2022 pending on the file of Metropolitan Magistrate, 44^th

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Court, Mumbai arising out of C.R.No.28 of 2022 dated 28^th January 2022 under Section 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code with the consent of Respondent No.2, the informant.

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Learned Advocate for Respondent No.2 submitted that, the Petitioner No.1 and Respondent No.2 have settled their disputes and differences and have filed Consent Terms dated 6^th September 2023 in Writ

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1/2

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rdg 36-wp-2409-2024.doc

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Petition NO.2333 of 2023. That, in pursuance of said Consent Terms, the Respondent No.2 has filed Affidavit dated 21^st June 2024, duly affirmed before a Notary Public, giving her consent for quashing of the crime in question. In the said Affidavit, the Respondent No.2 has admitted the fact of execution of Consent Terms in Writ Petition No.2333 of the 2023.

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2.1) Respondent No.2 is personally present in the Court and through her Advocate reiterates the contents of her Affidavit dated 21^st June 2024 and her ‘no objection’ for quashing of crime in question.

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In view of the above, the Petition is allowed in terms of prayer

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clause (a)

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(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.)

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2/2

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Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 11/07/2024 13:35:13

Shamshuddin Nuruddin Dosani and Ors. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shamshuddin Nuruddin Dosani and Ors. 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

Case details

All orders in this case

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