Shaikh Shahbaz S/O Shaikh Chote ... vs The State Of Mah. Thr. Pso Ashti ...
2023 Latest Caselaw 10222 Bom

2023:BHC-NAG:14500-DB

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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                                    NAGPUR BENCH : NAGPUR.


                           CRIMINAL APPLICATION [APL] NO. 1104/2023.


              1.Shaikh Shahbaz s/o Shaikh Chote
              Sahab, Aged about 28 years,
              Occupation -Private Work,

              2.Rashidabi w/o Shaikh Chote
              Sahab, Aged about 60 years,
              Occupation - Housewife,

              3.Shabana Parveen s/o Shaikh Saleem
              Aged about 28 years,
              Occupation - Housewife,

              1 to 3 are residents of Noori Chowk
              Kundanlal Gupta Nagar, Nagpur.

              4.Shahidabi w/o Mushtak Khan,
              Aged about 51 years,
              Occupation - Housewife,
              resident of Noori Chowk, 1745/B/428
              Kundal Lal Gupta Nagar, Nagpur.           ...         APPLICANTS.


                                               VERSUS

              1.The State of Maharashtra,
              through its Police Station Officer,
              Ashti, District Wardha.

              2.Shazia Parveen w/o Mohammad
              Shahbaz, Aged about 25 years,
              Occupation - Household, resident
              of c/o. Sayyed Javed Ali, Implipura,
              Athwadi Bazar, Ashti, District Wardha.          ...   NON-APPLICANTS.

              Rgd.
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                        ---------------------------------
               Mr. Sk.S. Ullah, Advocate for Applicants.
       Mr. S.M. Ghodeswar, A.P.P. for Non-applicant No.1 State.
            Mr. G. Mate, Advocate for Non-applicant No.2.
                       ----------------------------------




                       CORAM : VINAY JOSHI AND
                               VALMIKI SA MENEZES,, JJ.
                       DATE      :   OCTOBER 04, 2023


ORAL JUDGMENT (PER VINAY JOSHI, J.) :



           Heard. Admit.

           By consent of the learned Counsel appearing for respective

parties, the matter is taken up for final disposal.



2.         This is an application in terms of Section 482 of the Code of

Criminal Procedure seeking to quash the first information report

bearing Crime No.13/2022 registered with Ashti Police Station, Wardha

for the offence punishable under Section 498-A read with Section 34 of

the Indian Penal Code along with Regular Criminal Case No.110/2022,

on account of mutual settlement.



Rgd.
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3.         The     informant/lady   had    lodged   a   report   alleging

matrimonial cruelty.     The police investigated the matter and filed

charge sheet.      In the meantime with the aid and intervention of

relatives and friends, the parties decided to severe the matrimonial ties.

In accordance therewith they had applied to the Family Court for

divorce. In divorce proceedings they have filed a settlement memo

wherein they have incorporated a term that the criminal prosecution

would be discontinued.



4.         The non-applicant no.2/lady has also filed an affidavit-cum-

reply stating about the settlement and her non-inclination to go on with

the prosecution.    The informant lady is personally present before the

Court and is identified by her Advocate.        She has confirmed the

contents of her reply.



5.         The offence is of matrimonial cruelty, which cannot be

termed as either heinous or serious one. The parties have decided to

settle the matrimonial ties. In view thereof, there is no purpose in

continuing the criminal prosecution, hence, we deem it proper to quash

the same by passing the following order.




Rgd.
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                                                                ORDER

(i) Criminal Application is allowed and disposed of.

(ii) The first information report bearing Crime No.13/2022

registered with Ashti Police Station, Wardha for the offence

punishable under Section 498-A read with Section 34 of

the Indian Penal Code, along with related Regular Criminal

Case No.110/2022 pending on the file of Judicial

Magistrate First Class, Ashti, District Wardha is hereby

quashed and set aside.

(VALMIKI SA MENEZES, J) (VINAY JOSHI, J)

Rgd.

Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 05/10/2023 17:32:24