Haroon Nazir Bhat And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 554 OF 2023

1. Haroon Nazir Bhat

2. Jabin Ara Nazir Bhat

3. Nausheen Nazir Bhat ...Applicants

Versus

1. The State of Maharashtra

2. Ameena Haroon Bhat

...Respondents

....

Mr. Viral K. Rathod, Advocate for the Applicants. Mr. Avinash S. Ovhal, Advocate for Respondent No.2. Mrs. M.M.Deshmukh, Addl. PP for the Respondent - State. ....

CORAM

:

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

DATE :

13th DECEMBER, 2023.

P.C.

:

1.

This is an application for quashing the First Information Report (for short 'FIR') dated 31st January 2023 registered with Shivaji Nagar Police Station, Mumbai City vide FIR No.124 of 2023 for offences punishable under Sections 498-A, 323, 504, 506 r/w Section 34 of Indian Penal Code (for short "IPC"). 2.

The FIR was registered at the instance of Respondent No.2. The applicant No.1 is the husband, Applicant No.2 is the Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.12.15 12:48:07 +0530 SAJAKALI LIYAKAT JAMADAR

mother-in-law and applicant No.3 is sister-in-law of Respondent No.2. The parties have resolved the dispute. The ' Consent Terms are executed. The Complainant has filed Affidavit of Consent. The Applicants and Respondent No.2 are present in the Court. 3.

In Clause 5 of the Consent Terms it is stated that the parties have agreed, declared and confirmed that the complainant do not have any objection for quashing the FIR against the applicants. In Clause No.6 it is stated that the parties have agreed that the complainant/Respondent No.2. will withdraw the case under the Domestic Violence Act pending before the concerned Court. The Consent Terms also indicate that the Applicant No.1 and Respondent No.2 has obtained Khulanama. The Affidavit of the Consent filed by Respondent No.2 also indicate that she has no objection for quashing FIR. The parties have confirmed the contents of the Consent Terms.

4.

Considering the nature of the dispute and the fact that the parties have resolved the dispute, the prayers sought in this application can be granted.

ORDER

i.

Criminal Application No. 554 of 2023 is allowed; ii.

The First Information Report dated 31st January 2023

registered with Shivaji Nagar Police Station vide FIR No.124 of 2023 is quashed and set aside.

iii.

Criminal Application stands disposed of accordingly. (N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)