Sadam Mefuz Khan And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1657 OF 2023 Sadam Mefuz Khan and others Applicants versus The State of Maharashtra and another Respondents Mr.Parag S. Mishra with Niraj K. Tripathi, Advocate for Applicants. Mrs.M.M.Deshmukh, Additional P.P for State.

Mr.Jeetandra K. Rajguru i/by Taha Khan for Respondent no.2. API Suhel Pathan, Kashimira Police Station, present. CORAM : PRAKASH D. NAIK AND N.R.BORKAR, JJ.

DATE : 16th February 2024 PC :

1.

Applicants are chargesheeted for the offences under Sections 498-A, 354, 323, 324, 504, 506 r/w 34 of Indian Penal Code and the proceedings are pending in the Court of 4th Joint Civil Judge and Judicial Magistrate First Class, Thane vide R.C.C No.1123 of 2023. The FIR was registered at the instance of Respondent no.2 on 9th August 2022 vide FIR No.551 of 2022 with Kashimira Police Station, Thane, for the aforesaid offences. The parties have resolved the dispute. It is jointly prayed that proceedings be quashed and set aside with the consent of complainant.

2.

The proceedings under Protection of Women from Domestic MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2024.02.21 10:11:31 +0530 Violence Act were initiated by Respondent no.2 in the Court of Metropolitan Magistrate, 59th Court, Kurla, Mumbai. In view of settlement between parties, Consent Terms were filed in the said Court on 29th November 2023. In view of the terms stipulated in the

2 of 2 26.APL.1657.2023.doc Consent Terms, the complainant has no objection for quashing the impugned proceedings.

3.

Respondent no.2 has also filed affidavit dated 22nd January 2024 stating that matrimonial discord between Respondent no.2/ complainant and Applicants has been resolved amicably and they have jointly filed Consent Terms in the proceedings under Domestic Violence Act. Respondent no.2 is present in the Court. She has admitted the contents of affidavit and consent terms. She has expressed her no objection for quashing the proceedings. 4.

Considering the fact that parties have amicably settled the dispute, the prayers sought in the application can be granted.

ORDER

(i) Criminal Application is allowed and disposed off; (ii) The proceedings in R.C.C No.1123 of 2023 pending before 4th Joint Civil Judge and Judicial Magistrate First Class, Thane arising out of FIR No.551 of 2022 registered with Kashimira Police Station, District Thane, are quashed and set aside.

(N.R.BORKAR, J.) (PRAKASH D. NAIK, J.) MST