Maheboobkha Shahanoorkha Pathan v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 CRIMINAL APPLICATION NO.122 OF 2022 MAHEBOOBKHA SHAHANOORKHA PATHAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Shejwal Arun S APP for Respondents : Mr. s d GHAYAL Advocate for Respondent 2 : Ms. Thakur Laxmi R. ...

CORAM:SARANG V. KOTWAL & BHARAT P.DESHPANDE, JJ. Dated : June 13, 2022 ...

PER COURT :- 1.

This is an application for quashing of the proceedings pending vide RCC No.402 of 2015 for offence punishable under sections 354, 354-B, 452, 323, 506 of the Indian Penal Code arising out of C.R.n. 130 of 2015 dated 19.7.2015 registered with police station Pachod, District Aurangabad. The application is not on merits but on the ground of settlement between the parties.

2.

We have perused the FIR. The incident is dated 12.7.2015. The incident is described in the FIR. It is not necessary to go into the details of the FIR. Suffce it

to say that, the offence under section 354 is made out, however, both the learned counsel appearing for the parties as well as learned APP invited our attention to the consent affdavit. Consent affdavit is verifed before the offcer of this Court. It is mentioned by the respondent no.2-frst informant that she is a close relative of the applicant. There were some domestic issues between herself, her husband and the applicant. Those were settled through intervention of elderly members of the family and respectable persons in the village; and, therefore, there was no grievance remained any more. She has categorically given her consent to allow quashing of the proceedings.

3.

It appears that the parties are related and no further purpose will be served by continuing the proceedings since the respondent is not willing to depose against the applicant in view of the settlement. 4.

Considering this background, application is allowed in terms of prayer clause "B" and proceedings pending before the Judicial Magistrate First Class,

Paithan vide RCC No.402 of 2015 are quashed and set aside.

5.

Application is disposed off.

(BHARAT P. DESHPANDE, J.) (SARANG V. KOTWAL , J.) ...