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2023 Supreme(Bom) 83

NITIN W. SAMBRE, R. N. LADDHA
Mohammad Rafique Ansar Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Imran Farooqui.
For the Respondents: G.P. Mulekar, Neelam Ghorpade.

JUDGMENT :

R.N. LADDHA, J.

1. Heard learned Counsel, for the parties.

2. Rule. The Rule is made returnable forthwith with the consent of and at the request of the learned Counsel for the parties.

3. By this petition, the petitioner seeks to quash FIR No. 82 of 2002 lodged with Shahu Nagar Police Station, Mumbai, at the instance of Respondent No. 2/original Complainant for the alleged offences punishable under Sections 498-A, 406 r/w 34 of the Indian Penal Code. Quashing is sought on the premise that the parties have amicably settled their dispute and that Respondent No. 2 has no objection to the quashing of the same.

4. Perused the papers. Petitioner in this petition is the husband of Respondent No. 2. It reveals from the record that Petitioner got married to Respondent No. 2 on 14.2.2000 as per Muslim rites and customs. After marriage, Respondent No. 2 started residing at her matrimonial home with the Petitioner. Post marriage, Respondent No. 2 has alleged harassment and ill-treatment by the Petitioner and his relatives, pursuant to which she lodged the FIR above against them.

5. When this petition for quashing the impugned FIR was placed before us, it was stated by the learned Counsel

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