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Bombay High CourtAPPLN/492/2021application allowed

Syed Omer Farooq S/O. Syed Fazaluddin And Others v. The State Of Maharashtra And Another

2021-09-06Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice N. B. Suryawanshi2 pages

41CA492.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CRIMINAL APPLICATION NO. 492 OF 2021 SYED OMER FAROOQ S/O. SYED FAZALUDDIN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Advocate for Applicants : Mr. Shaikh Wajeed Ahmed. APP for Respondent No. 1 : Ms. P.V. Diggikar. Advocate for Respondent No. 2 : Mr. I.A Khan. CORAM : SUNIL P. DESHMUKH AND NITIN B. SURYAWANSHI, JJ.

DATED : 06.09.2021 PER COURT :

1.

This application seeks quashing of FIR at Crime No. 751/2020, registered with Nanalpeth Police Station, Parbhani, District Parbhani, for the offences punishable under Sections 498-A, 323, 504, 34 of the Indian Penal Code.

2.

The respondent No. 2/wife lodged the FIR in question against the applicant No. 1/husband and his relatives applicant Nos. 2 to 7, which was an outcome of matrimonial dispute.

3.

Applicant No. 1 and respondent No. 2 are present before the Court and they have been identified by their respective advocates. The parties have amicably settled their dispute and compromise terms

41CA492.21 to that effect are placed on record at Exhibit 'E' . As per the terms of the compromise, the applicant No. 1 has handed over the demand draft dated 04.09.2021, drawn on State Bank of India, Branch - Khairatabad, in the sum of Rs. 3,25,000/- (Rupees three lakh twenty five thousand only) to the wife / respondent No. 2. 4.

By filing affidavit, the respondent No. 2/wife has confirmed amicable settlement of the matrimonial dispute and she has no objection if the proceedings against the applicants are quashed. 5.

Considering the fact that the matrimonial dispute is amicably settled by the parties, the application is allowed in terms of prayer clause 'B'. The proceedings of Crime No. 751/2020, registered with Nanalpeth Police Station Parbhani, District Parbhani, for the offences punishable under Sections 498-A, 323, 504, 34 of IPC, is hereby quashed and set aside.

( NITIN B. SURYAWANSHI, J. ) ( SUNIL P. DESHMUKH, J. ) S.P.C.