Bombay High Court
Liyakat Ali Mubarak Ali Sheikh And ... vs State Of Mha. Thr. Pso Yavatmal ... on 30 March, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 158/2023
1. Liyakat Ali Mubarak Ali Sheikh,
Age 36 yrs., Occ. Service, R/o. Ashiyana
Layout, Yavatmal, Tq. & Dist. Yavatmal.
2. Bano Bi Mubarak Ali Sheikh,
Age 58 yrs., Occ. Housewife,
R/o. Ashiyana Layout, Yavatmal,
Tq. & Dist. Yavatmal.
3. Sabir Hussain Sheikh @ Sheikh
Sabir Sheikh Abdul, Age 40 yrs.,
Occ. Business, R/o. Shastri Nagar,
Arni, Tq. Arni, Dist. Yavatmal.
4. Farzana Bi Shahenshah,
Age 39 yrs., Occ. Housewife,
R/o. Akhirat Nagar, Pusad,
Tq. Pusad, Dist. Yavatmal.
APPLICANTS
VERSUS
1. State of Maharashtra through
Police Station Officer, Yavatmal
(City), Tq. & Dist. Yavatmal.
2. Aafreen Liyaqat Ali Sheikh,
Age 24 yrs., Occ. Housewife,
R/o. C/o. Rahim Babu, Vyankatesh
Society, Bhosa Road, Yavatmal,
& Dist. Yavatmal.
NON-APPLICANTS
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Mr. I. Deshmukh, Advocate with Mr. Y.K. Dhande, Advocate for
applicants.
Mr. N. R. Rode, APP for non-applicant No.1/State.
Mr. S.M. Khan, Advocate for non-applicant No. 2.
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CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE JJ.
DATE OF JUDGMENT : 30.03.2023
ORAL JUDGMENT (PER VINAY JOSHI, J.)
Heard.
2. Admit.
3. This is an application seeking to quash First
Information Report in Crime No. 650/2022 for the offence
punishable under Sections 498-A, 323, 504 read with Section 34 of
the Indian Penal Code registered at Police Station Yavatmal City,
Dist. Yavatmal.
4. The quashing is sought on account of settlement in
between the parties. The couple got married on 03.04.2022 as per
Customary Rites. Soon after the marriage, informant started to
cohabit with her husband and in-laws. The marriage did not run
smoothly as the informant was subjected to harassment. Finally,
she started to reside separately from the month of June 2022 and
thereafter, she has lodged report.
5. There was no issue from the wedlock. The couple being
young, with the intervention of elder person and relatives, the
matter is settled. The couple has decided to sevear matrimonial ties
and accordingly executed "Khulanama" on 10.11.2022. It was
agreed that husband would pay lump-sum amount of Rs. 4 lakhs to
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the wife towards settlement. Accordingly, husband has also paid
the agreed sum by way of cheque to the wife.
6. Today, the informant lady is present in the Court who has
been identified by her Advocate. We have inquired with the
informant to which, she agreed about the settlement, execution of
"Khulanama" and receipt of Rs. 4 lakhs. The informant is
accompanied by her mother. In view of settlement, informant
stated that she does not want to prosecute the criminal case. Since
the matter is settled, there is no purpose in continuing the criminal
prosecution. The offence is domestic one which cannot be termed
as anti-social.
7. In view of above, Application stands allowed. We hereby
quash and set aside First Information Report in Crime No.
650/2022 for the offence punishable under Sections 498-A, 323,
504 read with Section 34 of the Indian Penal Code registered at
Police Station Yavatmal City, Dist. Yavatmal.
8. Application stands disposed of in above terms.
(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.)
Gohane
