Bombay High Court
Vikar Ali S/O Aziz Ali And Others vs State Of Maharashtra, Through ... on 20 April, 2016
Bench: B.R. Gavai
1 APL 863.15 [J].odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION [APL] NO.863 OF 2015
...
1] Vikar Ali s/o Aziz Ali,
Aged about 33 years,
Occupation-Service.
2] Aziz Ali s/o Rasul Ali,
Aged about 65 years,
Occupation-Retired
3] Smt. Shakila Bano w/o Aziz Ali,
Aged about 55 years,
Occupation-Household.
4] Nisar Ali s/o Aziz Ali,
Aged about 24 years,
Occupation-Student.
5] Ansar Ali s/o Aziz Ali,
Aged about 22 years,
Occupation-Student.
All Applicant nos.1 to 5 are resident of
Sailani Road, Deshmukh Plot Pensionpura,
Paratwada, Tah. Achalpur, Distt.Amravati.
6] Sayyed Zafar Ali s/o Rasul Ali,
Aged about 50 years,
Occupation-Business,
R/o. Mu, Post-Kharpi,
Tah. Ch. Bazar, Distt. Amravati.
7] Aslam Khan s/o Umar Khan,
Aged about 35 years,
Occupation-Business.
8] Smt. Shehnaz Bano w/o Aslam Khan,
Aged about 25,
Occupation-Household.
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2 APL 863.15 [J].odt
Applicant nos.7 and 8 are residents of
Near Afzal Chaudhary's House,
Gulistan Nagar, Amravati.
9] Sheikh Rehman s/o Sheikh Bismilla,
Aged about 35 years,
Occupation-Small Contractor.
10] Nishad Bano w/o Sheikh Rehman,
Aged about 32 years,
Occupation-Household.
Nos.9 and 10 are residents of Kila,
Achalpur, District-Amravati.
11] Mohd. Zakir s/o Niyaz Mohammad,
Aged about 37 years,
Occupation-Employee.
12] Smt. Kaynat Bano w/o Mohd. Zakir,
Aged about 30 years,
Occupation-Household.
Nos.11 and 12 are residents of Salebad,
Gatarmalpura, Paratwada, Tah. Achalpur,
District-Amravati. .. APPLICANTS
.. Versus ..
1] State of Maharashtra,
Through Police Station Officer,
Police Station, Paratwada,
District-Amravati.
2] Shabana Parvin d/o Mohammad Ata,
Aged about : Major,
R/o. C/o. Mohammad Ata Sahab,
Civil Lines, Paratwada. .. NON-APPLICANTS
..........
Mr. H.A. Biherani, Advocate for applicants,
Mr. J.Y. Ghurde, APP for non-applicant no.1,
Mr. J.B. Kasat, Advocate for non-applicant no.2.
..........
CORAM : B.R. Gavai & Mrs. Swapna Joshi, JJ.
DATED : April 20, 2016.
3 APL 863.15 [J].odt
ORAL JUDGMENT (per B.R. Gavai, J. )
1. Rule. Rule made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
2. Since the dispute is a matrimonial dispute between the
applicant no.1 and the non-applicant no.2, the matter was referred
for mediation.
3.
The perusal of the report of the Co-ordinate Committee
shows that the mediation has been successful. Accordingly, an
agreement is also placed on record between the parties.
4. As per the agreement, it has been agreed that the
applicant no.1 shall take care of his child and provide all expenses
including education, medical, clothes etc., for which approximately
an amount of Rs.7,000/- per month will be incurred. It has also
been agreed that the custody of the child would be with the non-
applicant no.2-mother. However, the applicant no.1 will have
visiting rights and the non-applicant no.2 shall not object to the
same. The agreement is taken on record as an undertaking. The
respective terms and conditions shall be abided by the applicant
no.1 and the non-applicant no.2. The applicant no.1 as well as the
non-applicant no.2 are present in the court.
5. Since one of the terms in agreement is to quash the FIR
4 APL 863.15 [J].odt
and since the matter is settled between the parties, in view of the
law laid down by the Hon'ble Apex Court in the case of B.S. Joshi
and others .vs. State of Haryana and another, reported in
2003 (4) SCC 675, the Rule is made absolute in terms of prayer
clause (a).
(Mrs. Swapna Joshi, J. ) (B.R. Gavai, J.)
...
Gulande, PA
