Bombay High Court
Shadab Bhikan Shah And Others vs The State Of Maharashtra And Anr on 24 February, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
1 962-CriA-2335-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
962 CRIMINAL APPLICATION NO. 2335 OF 2020
1. Shadab S/o Bhikan Shah,
Age 24 years, Occ. Business,
R/o House No. 64, Fatima Housing Society,
Ward No. 1, Shrirampur
Tq. Shrirampur, Dist. Ahmednagar.
2. Bhikan Mehboob Shah,
Age 45 years, Occ. Business,
R/o As above.
3. Hanifa Bhikan Shah,
Age 39 years, Occ. Household,
R/o As above.
4. Rajmohammad Mehboob Shah,
Age 43 years, Occ. Business,
R/o. Millat Nagar, Ward No. 1,
Shrirampur, Tq. Shrirampur,
Dist: Ahmednagar.
5. Shehnaz w/o Rajmohammad Shah,
Age: 37 years, Occ. Household,
R/o: As above.
6. Tanvir Bhikan Shah,
Age. 18 years, Occ. Education,
R/o. House No. 64, Fatima Housing Society,
Ward No. 1, Shrirampur
Tq. Shrirampur, Dist.: Ahmednagar,
7. Taufik S/o Rajmohammad Shah,
Age : 21 years, Occ: Education,
R/o: Millat Nagar, Ward No. 1,
Shrirampur, Tq. Shrirampur,
Dist. Ahmednagar.
8. Kashmida W/o Naseem Shah,
Age : 20 years, Occ: Household,
R/o Millat Nagar, Yeola,
Ta. Yeola, Dist. Nashik,
9. Naseem Ahmed Shah,
Age: 29 years, Occ: Business,
R/o : As above. ... APPLICANTS.
V E R S U S.
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2 962-CriA-2335-20.odt
1. The State of Maharashtra,
Through Shirdi Police Station,
Tq. Rahta, District : Ahmednagar.
2. Hinakausar Shadab Shah,
Age : 20 years, Occ: Household,
R/o: C/o Ahmed Bhikan Shah,
Wagh Wasti, Behind Alard Building,
Shirdi, Tq. Rahta, Dist: Ahmedanagar. ... RESPONDENTS
....
Mr. G.R. Syed, Advocate for applicants
Mr. S.J. Salgare, APP for respondent No. 1
Mr. P.B. Pawar, Advocate for respondent No. 2.
....
CORAM : T. V. NALAWADE AND
M. G. SEWLIKAR, JJ.
DATE : 24th FEBRUARY, 2021
ORAL JUDGMENT ( Per : T.V. Nalawade, J.) :
1. Rule. Rule made returnable forthwith. By consent, heard learned
counsel for the parties for final disposal at the admission stage.
2. Present proceeding is filed for relief of quashing of Crime
No. 0672 of 2020 registered with Shirdi Police Station Taluka Rahata,
District Ahmednagar for the offences punishable under Sections 498-A,
323, 504 and 506 read with Section 34 of the Indian Penal Code and
Section 4 of the Muslim Women (Protection of Right on Marriage) Act,
2019. The crime is registered on the basis of report given by respondent
No. 2 - Informant, the wife of applicant No. 1. During arguments, learned
counsels for the applicants and respondent No. 2 submitted that parties
have settled the dispute. Respondent No. 2 - informant is identified by
learned counsel Mr. Pawar. The affidavit to that effect of respondent No.2
is on record. She has given no objection for giving aforesaid relief. In
view of nature of dispute, this Court holds that relief needs to be granted.
3 962-CriA-2335-20.odt
Nothing can be achieved by asking the applicants to face the criminal case
for aforesaid offences.
3. In the result, Criminal Application is allowed. Relief is granted in
terms of prayer clause "B". Rule is made absolute in those terms.
[ M. G. SEWLIKAR ] [ T. V. NALAWADE ]
JUDGE JUDGE
MTK
