Saeeda Begum W/O. Shaikh Shafi And Others v. The State Of Maharashtra And Another
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1673 OF 2021 Saeeda Begum w/o Shaikh Shafi and others ... APPLICANTS
VERSUS
The State of Maharashtra & anr.
... RESPONDENTS .......
Mr. G.R. Syed, Advocate for applicants Mrs. V.N. Patil Jadhav, A.P.P. for respondent No.1 Mr. Taher Ali Quadri, Advocate for respondent No.2. .......
CORAM :
SMT. ANUJA PRABHUDESSAI AND R.M. JOSHI, JJ.
DATE : 6th JANUARY, 2023 O R D E R :
Heard. This is an application under Section 482 of the Code of Criminal Procedure for quashing the First Information Report being Crime No.121/2021, registered with Purna Police Station, District Parbhani for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and consequential criminal proceedings being R.C.C. No.111/2021, pending on the file of learned Judicial Magistrate, First Class, Purna, District Parbhani.
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2.
The aforesaid crime was registered pursuant to the First Information Report lodged by the respondent No.2. Learned counsel for the applicants as well as respondent No.2 state that, the parties have entered into an amicable settlement and the applicant No.7 and respondent No.2 have reconciled and that after reconciliation, the respondent No.2 and her husband are blessed with a child. It is stated that, they are living happily and do not have any complaint against each other. The respondent No.2 has filed her affidavit, wherein she has confirmed that the matter is amicably settled as per the compromise pursis dated 10/1/2022 filed in R.C.S. No.21/2021, copy of which is placed on record. 3.
We are satisfied that the compromise is genuine and hence, in view of the decision of the Hon'ble Supreme Court in case of B.S. Joshi Vs. State of Haryana & ors. (Criminal Appeal No.383 of 2003), we are of the view that this is a fit case to quash the proceedings so as to enable the parties to lead the life peacefully. Hence, the Criminal Application is allowed in terms of prayer clause (B). As a consequence, the First Information Report being Crime No.121/2021, registered with Purna Police Station, District Parbhani for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code and
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Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and consequential criminal proceedings being R.C.C. No.111/2021, pending on the file of learned Judicial Magistrate, First Class, Purna, District Parbhani stand quashed. (R. M. JOSHI, J.) (SMT. ANUJA PRABHUDESSAI, J.) fmp/-