Liyakat Ali Mohd. Ali Sayyed And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:8872-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 23 CRIMINAL APPLICATION NO. 661 OF 2023 1.
Liyakat Ali Mohd. Ali Sayyed, Age- 57 years, Occu- Nil Parvin Bi Liyakat Ali Sayyed, Age- 53 years, Occu- Household 3.
Taufik Liyakat Ali Sayyed, Age- 33 years, Occu- Labour Applicant No. 1 to 3 R/O - Plot no.
8, Raza Colony, Dondaicha, Dist- Dhule.
4.
Shagufta Shabbar Sayyed, Age- 34 years, Occu- Household, 5.
Shabbar Manzoor Ali Sayyed, Age- 44 years, Occu- Truck Driver Applicant No. 4 & 5 Residing AtGarib Nawaz Colony, Tal- Shahada, Dist- Nandurbar.
6.
Quazi Riyazodding Husnuddin, Age- 59 years, Occu-Labor, 7.
Mohammed Zain Riyazoddin Quazi Age- 17 years, Occu-Education, 8.
Mohammed Zaid Azizoddin Quazi, Age- 19 years, Occu- Education, Applicant No. 6 to 8 R/O- Raza Colony, VTC Dondaicha, Dist- Dhule.
[1]
9.
Azizoddin Husnoddin Quazi, Age- 46 years, Occu- Labr, R/O- Plot No. 8, Raza Colony, Dondaicha, Dist- Dhule.
10.
Jiyauddin Husnoddin Quazi, Age- 43 years, Occu- Labor, R/ORaza Colony, Dhule Road, Dondaicha, Dist- Dhule 11.
Rafiyoddin Husnoddin Quazi, Age- 38 years, Occu- Labor, R/O- Raza Colony, VTC, Dondaicha, Dist- Dhule.
... APPLICANTS
VERSUS
1.
The State of the Maharashtra through Dondaiha Police Station, Dist- Dhule Heenabai Tousif Sayyed, Age- 23 years, Occu- Household, C/O- Zakir Ali Zahur Ali Sayyed, At Post- Islampura, Dondaicha, Tal-Sindkheda, Dist- Dhule.
... RESPONDENTS ...
Mrs. S. T. Kazi, Advocate for Applicants Mrs. P. R. Bharaswadkar, APP for Respondent No.1/State Mr. Mohit S. Shah, Advocate for Respondent No.2 ...
CORAM : SMT. VIBHA KANKANWADI & ROHIT W. JOSHI, JJ.
DATE : 24th MARCH, 2025 ORDER :
1.
Present application has been filed initially for quashing First Information Report vide Crime No. 9 of 2023 dated 15.01.2023 [2]
registered with Dondaicha Police Station, District Dhule. Later on by way of amendment for quashing the proceedings in Regular Criminal Case No. 50 of 2023 pending before learned Judicial Magistrate First Class, Dondaicha, District Dhule and Juvenile Criminal Case No. 46 of 2023 pending before Juvenile Justice Board at Dhule for the offence punishable under Sections 498A, 406, 427, 323, 504, 506 read with 34 of Indian Penal Code.
During the pendency of the present application it appears that there is compromise between the applicant/husband and respondent No.2/wife as the other matter was referred for mediation. The report of the mediator was placed before Judicial Magistrate First Class, Dondaicha in application under Section 125 of Criminal Procedure Code i.e. Miscellaneous Criminal Application No. 10 of 2023 and PWDVA Criminal Miscellaneous Application No. 3 of 2023. In both the matters the said Mediator's report was considered, read and recorded and both the matters were then disposed of as settled by mediation. In the mediation terms it was specifically stated that the wife would give no objection for quashment of both the proceedings. Therefore, since the terms of settlement have been arrived at through mediation and read and recorded by a competent Court of law, we have no hesitation in exercising our powers under Section 482 of Criminal Procedure Code. We therefore, proceed to pass following order. [3]
ORDER
(i) The application stands allowed.
(ii) Proceedings in RCC No. 50 of 2023 pending before learned Judicial Magistrate First Class, Dondaicha, District Dhule and proceedings in JCC No. 46 of 2023 pending before Juvenile Justice Board, Dhule arising out of FIR vide Crime No. 9 of 2023 dated 15.01.2023 registered with Dondaicha Police Station, District Dhule for the offence punishable under Sections 498A, 406, 427, 323, 504, 506 read with 34 of Indian Penal Code stands quashed and set aside as against all the applicants.
[ ROHIT W. JOSHI ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE ks_kamble/ [4]