Shahnawaz Akhtar Mohamad Ishaq Khan And ORS. v. The State Of Maharashtra And ANR.

34-APL-203-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 203 OF 2024 Shahnawaz Akhtar Mohamad Ishaq Khan & Ors. ... Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

....

Mr. Sheb Shaikh, Advocate for the Applicant.

Mrs. Rukhsar Ansari, Advocate for Respondent No.2. Mrs. Rutuja Ambekar, APP for the Respondent - State. ....

CORAM

:

PRAKASH D. NAIK, & N. R. BORKAR, JJ.

DATE :

12th FEBRUARY, 2024.

P.C.

:

1.

The application is moved by the parties for quashing the proceedings arising out of FIR dated 12th June, 2019 registered with Nayanagar Police Station, Thane Rural vide FIR no.199 of 2019 for offences punishable under Sections 498-A, 406, 323, 504 & 506 r/w Section 34 of IPC. The FIR was registered at the instance of Respondent No.2. The applicant No.1 is husband of Respondent No.2. The applicant No.1 and Respondent No.2 has settled the disputes amicably. The Respondent No.2 had also Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.02.14 17:28:25 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

34-APL-203-2024.doc initiated the proceedings under Protection of Women from Domestic Violence Act, 2005 (D.V. Act). In view of settlement between the parties it is agreed that the said proceedings would be withdrawn.

2.

The complainant/Respondent No.2 is present in the Court. She stated that, she has no objection for quashing the proceedings. The affidavit of consent filed by Respondent No.2 is taken on record and marked as "X" for identification. In the said Affidavit it is stated that she has withdrawn all allegations against the husband and others in the FIR as well as complaint under the D.V. Act and she has no objection if the FIR and the charge-sheet is quashed. 3.

Considering the nature of disputes between the parties and since there is amicable settlement, the proceedings can be quashed.

ORDER

i.

Criminal Application No.203 of 2024 is allowed; ii.

The impugned proceedings pending before the learned J.M.F.C. Thane arising out of C.R. No.199 of 2019 registered with Nayanagar Police Station, Dist. Thane Rural are quashed and set aside.

iii.

Application is disposed off accordingly.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.) Sajakali Jamadar