Bombay High Court
Ajaj Mustafa Sheikh And Others vs The State Of Maharashtra, Through ... on 29 March, 2016
Bench: B.R. Gavai
1 APL.219.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 219 OF 2016.
1] Ajaj Mustafa Sheikh,
Aged about 29 years, Occ.
Private work,
2] Mustafa Shakoor Sheikh,
Aged about 61 years, Occ. Nil,
3] Mrs. Afsana Mustafa Sheikh,
Aged about 55 years, Occ.
Household work,
4] Riyaz Mustafa Sheikh,
Aged about 28 years, Occ.
Business.
Applicant Nos. 1 to 4 are R/o Plot
No. 51, Kohde Layout, Wadi,
Tq. & Distt. Nagpur.
5] Rashmi w/o Ajaj Sheikh,
(Rashmi D/o Rafique Sheikh
Mansori), Aged about 25 years,
Occ. Household work, R/o Zakie
Hussain Ward, Tiroda, Tah.
Tiroda, Dist. Gondia.
(Original Complainant). .... APPLICANTS.
....Versus....
The State of Maharashtra, through
Police Station Officer, Police
Station, Tiroda, Tah. Tiroda,
Dist. Gondia. ..... NON-APPLICANT
Mr. A.B. Mirza, Advocate for applicants,
Mrs. S.S. Jachak, Additional Public Prosecutor for non-applicant.
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2 APL.219.16.odt
CORAM : B.R. GAVAI & MRS. SWAPNA JOSHI, JJ.
DATED : MARCH 29, 2016.
ORAL JUDGMENT (PER B.R. GAVAI, J.)
1] Rule. Rule made returnable forthwith. Heard the learned
Counsel for the parties finally by consent.
2]
The applicants have approached this Court for quashing
and setting aside the F.I.R. No. 39/14 registered for the offences
punishable under Sections 498-A, 494, 504, 506 read with Section 34
of the Indian Penal Code and consequential Regular Criminal Case
No. 29/15 pending before the learned J.M.F.C., Tiroda and for setting
aside Misc. Criminal Application No. 39/14, Regular Criminal
Complaint Case No. 158/14 and Special Civil Suit No. 63/14.
3] The applicant No.1 was married to applicant no.5 on
15.1.2013 at Tiroda. The applicant no.1 and applicant no.5 are
blessed with one daughter, aged 2 years out of the said wedlock.
However, it appears that subsequently differences arose between the
applicant no.1 and applicant no.5. On account of the said
matrimonial discord, the FIR for the offences punishable under
Sections 498-A, etc. came to be lodged by applicant no.5 against the
3 APL.219.16.odt
applicant no.1 and his relatives, who are applicant nos. 2 to 4. It
further appears that in the said proceedings charge-sheet came to be
filed and Regular Criminal Case No. 29/15 is pending before the
learned J.M.F.C., Tiroda against the applicant nos. 1 to 4.
4] It further appears that various criminal proceedings were
also instituted at the instance of applicant no.5 against applicant no.1
and his relatives. However, during the pendency of the aforesaid
proceedings, the applicant nos. 1 & 5 have amicably settled their
dispute. They have agreed to dissolve their marriage as per the
Muslim Law. It has further been agreed that the child born out of the
wedlock will be with applicant no.1 and his family.
5] The Apex Court in the case of B.S. Joshi and others .vs.
State of Haryana and another reported in (2003) 4 SCC 675 has
held that if the matrimonial dispute has been settled between the
parties, this Court can exercise powers under Section 482 of the
Criminal Procedure Code to quash and give an end to the criminal
proceedings.
6] We find that since the matter is amicably settled between
the parties, it will be in the interest of justice to give an end to various
4 APL.219.16.odt
criminal proceedings pending before the different Courts. The
applicant No.1 as well as the applicant No. 5 are personally present
in the Court and they reiterate about their settlement.
7] In the result, the Criminal Application is allowed. Rule is
made absolute in terms of prayer clauses (b) & (c).
8] In view of the above, Criminal Application (APPP) No.
390/16 does not survive and stands disposed of.
JUDGE. J
UDGE.
J.
