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Bombay High CourtAPPLN/194/2024application allowed

Mujahed Khan Dastagir Khan And Others v. The State Of Maharashtra And Another

2025-09-16Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice Hiten S. Venegavkar3 pages

2025:BHC-AUG:25255-DB {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 194 OF 2024

1. Mujahed Khan Dastagir Khan, Age: 35 years, Occ: Service.

2. Khamar Begum Razik Khan Age: 44 years, Occ: Housewife.

3. Razik Khan Gulam Dastagir Khan Age: 50 years, Occ: service.

4. Shakir Khan Gulam Dastagir Khan Age: 56, Occ: service.

5. Faisal Khan Shakir Khan Age: 20, Occ: service.

6. Waheeda Begum Shakir Khan Age: 48 years, Occ: service.

7. Naseer Khan Dastagir Khan Age: 52, Occ: service.

Applicants no. 1 to 7 are all R/o. 5/3/92, Near Asurkhanaa, Shadi Kahana, Osmanapura, Aurangabad.

... Applicants

VERSUS

1. The State of Maharashtra, Through Cantonment (Chanwni) Police Station, Tq. Aurangabad, Dist. Aurangabad.

2. Seema Begum Mujaheed Khan Age: 32 years, Occ: Housework Current R/o Plot no. 72, DarshaniColony, Aurangabad City, Aurangabad, Ravraspura, Padegaon ... Respondents ......

Mr. Umesh Gite, Advocate h/f Mr. V.P. Bakal, Advocate for Applicants Mr. A.D. Wange, APP for Respondent No.1 - State Mr. Avinash Barhate Patil, Advocate for Respondent No.2 ......

{2} CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 16 SEPTEMBER, 2025 PER COURT :- 1.

The applicants and the respondent No. 2 have settled their dispute and the consent terms have been produced. The brother-in-law and sister-in-law i.e. applicants No. 4 and 6 was not present before the learned Registrar (Judicial) for verification, but since the matter arose out of the matrimonial dispute, there is in fact no question of identity dispute.

2.

A compromise was placed on record in proceedings bearing PWDVA No. 459 of 2023 before the learned Judicial Magistrate, First Class, Aurangabad, wherein, as per the terms of the compromise, respondent No. 2 has received an amount of Rs. 4,50,000/- from applicant No. 1 towards full and final settlement of maintenance, and both parties have decided to part their ways. Now, respondent No.2 has no objection for quashment of the proceedings. The terms and conditions have been verified by the learned Registrar (Judicial) and he has submitted the report on 09.09.2025, therefore, there is no hurdle in accepting the settlement. Hence, we proceed to pass the following order.

{3}

ORDER

(i) Criminal application stands allowed (ii) Proceedings in R.C.C. No. 2875 of 2023, pending before the learned Judicial Magistrate, First Class, Aurangabad arising out of FIR vide Crime No. 501 of 2023 dated 18.10.2023 fo offences punishable under Sections 498-A, 504, 506 and 34 of IPC, stand quashed and set aside as against all the applicants namely, (1) Mujahed Khan Dastagir Khan, (2) Khamar Begum Razik Khan, (3) Razik Khan Gulam Dastagir Khan, (4) Shakir Khan Gulam Dastagir Khan, (5) Faisal Khan Shakir Khan (6) Waheeda Begum Shakir Khan and (7) Naseer Khan Dastagir Khan.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE S P Rane