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Bombay High CourtAPPLN/835/2018disposed off

Sageera W/O. Rasheed Shaikh And Others v. The State Of Maharashtra And ANR

2018-06-26Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice K.L. Wadane2 pages

919.appln.835.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CRIMINAL APPLICATION NO. 835 OF 2018 SAGEERA W/O. RASHEED SHAIKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mrs. Ansari A. N.

APP for Respondent - State: Mr. S. J. Salgare Advocate for Respondent No.2 : Mr. V. P. Narwade ...

CORAM :

T.V. NALAWADE & K. L. WADANE, JJ.

DATE :

26th June, 2018 ORAL JUDGMENT: (Per T. V. Nalawade, J.) 1.

Rule. Rule is made returnable forthwith. With the consent of the parties this application is taken up for final disposal. 2.

The proceeding is filed under Section 482 of the Criminal Procedure Code, for the relief of quashing of F.I.R. No. I - 267/2017, registered with City Police Station, Sangamner, Taluka Sangamner, District Ahmednagar, for offences punishable under Section 498-A, 406, 323, 504, 506, read with Section 34 of the Indian Penal Code. 3.

The Crime is registered on the basis of report given by Shahnaz 1/2

919.appln.835.18.odt Shafiq Shaik, wife of son of applicant Nos. 1 and 2, namely Shafiq Rashid Shaik. She had made allegations, on the basis of which the crime is registered for aforesaid offences. Today the wife has filed reply affidavit and she has mentioned that the parties have settled the dispute and she has returned to matrimonial house. It appears that the husband has filed proceeding for restitution of conjugal rights. 4.

In view of submissions made and the contents of the reply filed by the wife, this Court holds that the relief needs to be given. They have settled the dispute. In the result, Application is allowed. 5.

Relief is granted in terms of prayer clause (B). Rule made absolute in those terms.

6.

The fees of the appointed counsel is quantified of Rs.3000/-. (K. L. WADANE, J.) (T.V. NALAWADE, J.) habeeb 2/2