Dr. Mohsin Ibrahim Shaikh And Others v. The State Of Maharashtra And ANR

THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 1111 OF 2019 1.

Dr. Mohsin Ibrahim Shaikh, Age: 36 years, Occup. Medical Practice, R/o: Behind Jama Masjid, Ward No.2, Shrirampur, Tq. Shrirampur, Dist. Ahmednagar. 2.

Mrs. Azmat Fatima Mohd. Ibrahim Shaikh, Age: 65 years, Occup. Household, R/o: as above.

3.

Mohd. Ibrahim Sahebali Shaikh, (Wrongly referred as Mohd. Ibrahim Mohd. Ali Shaikh in First Information Report) Age: 74 years, Occup. Retired, R/o: as above.

4.

Mateen Ibrahim Shaikh, Age: 43 years, Occup. Business, R/o: as above.

5.

Mrs. Nishat Mateen Shaikh, Age: 30 years, Occup. Household, R/o: as above.

... APPLICANTS V E R S U S 1.

The State of Maharashtra, Through in-charge Shrirampur City Police Station, Tq. Shrirampur, Dist. Ahmednagar.

2.

Mrs. Rifat Mohsin Shaikh, Age: 28 yeas, Occup. - Medical Practitioner, R/o. Sanjivani Hospital, Wajwe Aali, Narayangaon, Tq. Junnar, District Pune.

... RESPONDENTS

...

Mr. V. D. Sapkal, Advocate for Applicants.

Mr. S. B. Yawalkar, APP for Respondent No.1 / State. Mr. G. R. Syed, Advocate for Respondent No.2. ...

CORAM :

T. V. NALAWADE & MANGESH S. PATIL, JJ.

DATE :

10th April, 2019.

ORAL JUDGMENT: ( Per T. V. Nalawade, J. ) .

Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

The proceeding is filed for relief of quashing of FIR No.508 of 2018, registered with Shrirampur City Police Station, Taluka Shrirampur, District Ahmednagar, for the offences punishable under Sections 498-A, 323, 504 and 506 read with 34 of the Indian Penal Code.

During arguments, the learned counsel for Applicants and the learned counsel for first informant submitted that it is a matrimonial dispute and the parties have settled the dispute. They

have produced the terms of compromise on record. The learned counsel for first informant admits that the parties have settled the dispute in that way. The terms of compromise are taken on record. The Respondent, first informant has given no objection for giving the relief in the present matter. In the result, the following order is passed:

O R D E R

I.

The application is allowed.

II.

Relief is granted in terms of prayer clause (B). III.

Rule is made absolute in those terms.

[ MANGESH S. PATIL, J. ] [ T. V. NALAWADE, J. ] ndm