Imran Masud Shaikh And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:313-DB 19-wp-470-2021 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 19 CRIMINAL WRIT PETITION NO. 470 OF 2021 Imran Masud Shaikh And Others

VERSUS

The State Of Maharashtra And Another ...

Advocate for the Petitioners : Mr. Murkute J. M., APP for Respondent/State : Mr. A. D. Wange Advocate for Respondent No.2 : Mr. Anil Shirsath h/f Mr. Shaikh Moin Patel .....

CORAM : SMT. VIBHA KANKANWADI AND ROHIT W. JOSHI, JJ.

DATED :

06 JANUARY 2025 PER COURT :- 1.

Present application has been filed for quashing the proceedings. There is RCC No.80 of 2019 pending before the learned Judicial Magistrate First Class, Khultabad, District-Aurangabad arising out of FIR vide C.R. No.243 of 2019 registered with Police Station, Khultabad for the offences punishable under Sections 498-A, 323, 504, 506 r/w 34 of Indian Penal Code. In fact the settlement had taken place between the husband and wife and therefore the prayer clause includes that in view of the said settlement FIR to be quashed. 2.

Learned Advocate for the petitioners and respondent No.2 reiterate that there is a settlement so stated and the settlement has

19-wp-470-2021 -2been place on record. Learned Advocate for the petitioner informs that now even respondent No.2 has performed second marriage. 3.

We have perused the settlement. Respondent No.2 has stated that she has no objection for quashing the FIR and the proceedings, in view of the settlement.

4.

Taking into consideration all these aspects, the petition stands allowed. The proceedings bearing RCC No.80 of 2019 pending before the learned Judicial Magistrate First Class, Khultabad, DistrictAurangabad arising out of FIR vide C.R. No.243 of 2019 registered with Police Station, Khultabad for the offence punishable under Sections 498-A, 323, 504, 506 r/w 34 of IPC stands quashed and set aside.

[ROHIT W. JOSHI] [ SMT. VIBHA KANKANWADI] JUDGE JUDGE A.G.Narwade