Shaikh Rahim Moharnmad Hanif And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:2125-DB 1 cri appln 391.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 391 OF 2024 Shaikh Rahim Mohammad Hanif and others .. Applicants

Versus

The State of Maharashtra and another .. Respondents Shri Patel Shiakh Ashpak Taher, Advocate for the Applicants. Shri K. N. Lokhande, A.P.P. for the Respondent No. 1. Shri V. V. Deshmukh, Advocate for the Respondent No. 2. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 31 JANUARY 2024.

FINAL ORDER :

.

Heard. Issue notice for final disposal to the respondents. The learned A. P. P. waives service for the respondent No. 1. The learned advocate waives service for the respondent No. 2. 2.

The learned advocate for the respondent No. 2 in her presence tenders across the bar affidavit sworn by her before the Section Officer of this Court.

3.

The parties are unanimous that there has been an amicable settlement. They have severed the matrimonial ties between the applicant No. 1 and the respondent No. 2. Since it is a crime registered at her instance for the offences punishable

2 cri appln 391.24 U/Sec. 498-A, 323, 504 and 506 r/w Sec. 34 of the Indian Penal Code arising out of matrimonial discord in view of her express consent, we see no impediment in quashing the crime, charge sheet and the criminal case. No public policy is involved. The criminal application is allowed.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Jan. 24