Ansar Salar Shaikh And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:16683-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CRIMINAL APPLICATION NO.132 OF 2024 Ansar Salar Shaikh, Age 30 yrs., Occ. Labour, R/o at present Iqbal Chowk, Latur.

Rijwanabi Salar Shaikh, Age 48 yrs., Occ. Housewife, Salar Hakkanisab Shaikh, Age 50 yrs., Occ. Housewife, Applicant Nos.2 and 3 are r/o Dapkyal, Janwal, Tq. Chakur, Dist. Latur.

Nisar Salar Shaikh, Age 26 yrs., Occ. Student, R/o at present Sayyad Nagar, Lane No.19, Hadapsar, Pune.

Najema Ahamed Kotwal, Age 27 yrs., Occ. Housewife, R/o Tuljapure Nagar, Latur.

... Applicants ... Versus ...

The State of Maharashtra Through Senior Police Inspector, Police Station, Udgir (Rural), Tq. Udgir, Dist. Latur.

Bushara Ansar Shaikh, Age 22 yrs., Occ. Housewife, C/o Mobin Dawar Shaikh, r/o Pirmusa Nagar, Near Manjuri

32_Cri.Appln_132_2024 Masjid, Nanded Naka, Tq. Udgir, Dist. Latur.

... Respondents ...

Mr. A.M. Reddy, Advocate for applicants Mrs. R.P. Gour, APP for respondent No.1 Mr. G.R. Syed, Advocate for respondent No.2 ...

CORAM :

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

26th JUNE, 2025 ORDER :

( PER : SMT. VIBHA KANKANWADI, J. ) All the applicants are original accused in Crime No.648/2023 dated 22.11.2023 registered with Police Station, Udgir (Rural), Tq. Udgir, Dist. Latur. After investigation the charge sheet came to be filed vide Regular Criminal Case No.2/2024 before learned Judicial Magistrate First Class, Udgir, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860. The parties have arrived at the compromise and compromise terms have also been filed separately. Those terms of compromise are got verified by learned Registrar (Judicial), who then submitted report on

32_Cri.Appln_132_2024 17.04.2025. It being a contract, if at all any term is not fulfilled or remained to be fulfilled at a later point of time, it can be put to execution. Under such circumstance, when the parties have arrived at the compromise, it would be an abuse of process of law if the applicants are now asked to face the trial. Hence, following order.

ORDER

i) Criminal Application stands allowed.

ii) The proceedings in Regular Criminal Case No.2/2024 pending before learned Judicial Magistrate First Class, Udgir, Tq. Udgir, Dist. Latur arising out of First Information Report vide Crime No.648/2023 dated 22.11.2023 registered with Police Station, Udgir (Rural), Tq. Udgir, Dist. Latur, for the offence punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, stands quashed and set aside as against applicants viz. 1) Ansar Salar Shaikh, 2) Rijwanabi Salar Shaikh,

3) Salar Hakkanisab Shaikh, 4) Nisar Salar Shaikh and 5) Najema Ahamed Kotwal.

( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd