Syed Shakil Syed Nizamuddin And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:11244-DB 952-Criappl-101-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 101 OF 2022 Syed Shakil Syed Nizamuddin and Ors.

....Applicants

VERSUS

The State of Maharashtra and Anr.

.....Respondents .....

Mr. Gadegaonkar Bharat N., Advocate for Applicant Mr. N. R. Dayma, APP for Respondent No.1 - State Mr. G. R. Syed, Advocate for Respondent No.2 .....

CORAM

:

R. G. AVACHAT & NEERAJ P. DHOTE, JJ.

DATE :

19.06.2024 PER COURT :

1.

Heard.

2.

This is an Application under Section 482 of the Code of Criminal Procedure [for short 'Cr.PC'] for quashing of FIR and Charge-sheet for the offence punishable under Sections 498-A, 323, 504, 506 and 34 of the Indian Penal Code [for short 'IPC'] registered with Himayatnagar Police Station, District Nanded on the report lodged by Respondent No.2, who is the wife of Applicant No.1 and daughter-in-law of Applicant No.2.

3.

Leave to amend. The copy of Charge-sheet is taken on record. 4.

Respondent No.2, who is the Informant, is present before the Court. Learned Advocate for Respondent No.2 places on record the affidavit-in-reply of Respondent No.2, wherein, specific statement is made that. the parties have amicably settled the matter on the following terms:

952-Criappl-101-2022.odt "I] The Deponent accepts that there was amicable settlement and the Applicant No.1 and deponent decided to get separated by accepting the agreed amount of Rs.2,00,000/- [In words Rupees Two Lakhs] towards full and final settlement. The Applicants had returned the Household Articles given in the marriage. II] In view of above compliances the deponent has no objection to allow Criminal Application No.510/2022 as prayed for." 5.

Considering the nature of offence and the Affidavit filed by Respondent No.2 - wife, we are inclined to exercise the powers under 482 of Cr.PC and proceed to pass the following order:

ORDER

(a) Criminal Application is allowed in terms of amended prayer clauses.

(b) Criminal Application is disposed of accordingly. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 21/06/2024 10:52:32