Waseem Shaikh Ismail And Others v. The State Of Maharashtra And Another

Cri.Appln.No.1516/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1516 OF 2022 Waseem Shaikh Ismail & ors.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. D.U. Manwatkar, Advocate for applicants Mrs. V.N. Patil Jadhav, A.P.P. for respondent No.1. Ms Harsha Lomte, Advocate holding for Mr. V.D. Salunke, Advocate for respondent No.2. .......

CORAM :

SMT. ANUJA PRABHUDESSAI AND R.M. JOSHI, JJ.

DATE : 30th JANUARY, 2023 P.C. :

With the consent of learned counsel for rival parties, heard finally at the stage of admission.

2.

This is an application under Section 482 of the Code of Criminal Procedure to quash the First Information Report bearing Crime No.69/2022, registered with Majalgaon City Police Station, District Beed for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code. The matter was referred to mediation. The mediation is successful. It is stated that, both the parties have

Cri.Appln.No.1516/2022 :: 2 ::

agreed to cohabit. The respondent No.2 is present before the Court. She confirms that she is residing in her matrimonial home along with her husband and in-laws and that she has no objection to quash the First Information Report. 3.

In the light of the statement and in view of the decision of the Apex Court in case of B.S. Joshi Vs. State of Haryana, AIR 2003 SC 1386, we are of the considered view that this is a fit case to exercise the discretion under Section 482 of the Code of Criminal Procedure. Hence, the application is allowed in terms of prayer clause (B). The First Information Report bearing Crime No.69/2022, registered with Majalgaon City Police Station, District Beed for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code is quashed.

(R. M. JOSHI, J.) (SMT. ANUJA PRABHUDESSAI, J.) fmp/-